Legal Action for Freedom of Choice in Palliative Care Homes, Bill C-62, and Press Review


For our first weekly communication of the year 2024, there is no shortage of news during this Suicide Prevention Week!

In a statement last week, we applauded the decision of the Federal Government to accept the recommendations of the Federal Special Joint Committee on Medical Assistance in Dying to legislate quickly so that MAiD for mental illness does not become a reality on March 17th.

Tuesday, we applaud a legal action by the Archdiocese of Montreal. This appeal to the Quebec Superior Court, aimed at allowing a Palliative Care home to refuse to administer MAiD, is excellent news. We will address these topics below in our weekly press review, which resumes after a few weeks’ hiatus.

You will find some calls to action in this communication; thank you in advance for your words and actions in the weeks to come!

Jasmin Lemieux-Lefebvre
Coordinator
Living with Dignity citizen network

Bill C-62

The Federal Bill C-62 was introduced last Thursday. This Bill aims to “amend the Criminal Code (medical assistance in dying) to provide that persons are not eligible, until March 17, 2027, to receive medical assistance in dying if their sole underlying medical condition is a mental illness”.

We expressed our relief and publicly welcomed this choice of postponing MAiD for mental illness in our various communications throughout the week. We are grateful that 
CTV News and La Presse were able to relay some of our messages.

We also emphasized that time will not solve the inherent issues with this expansion and that it would be better to simply cancel it altogether. This is the message we invite you to share with your Member of Parliament or Senator from your province.

All Federal political parties plan to support Bill C-62 (the Bloc would prefer a one-year pause), but MPs need to know your support for this legislative change. The discussion promises to be more challenging in the Canadian Senate, which added this expansion to the C-7 Act in 2021. Expressing public support for Bill C-62 will be crucial in reducing the strength of any potential opposition by a group of senators. It’s up to you to speak out!

Legal Action for Institutional Freedom of Conscience

The headline in Le Devoir surprised many: the Archdiocese of Montreal is going to court to invalidate a provision of Quebec’s End-of-Life care law, which has required Palliative Care homes to offer medical assistance in dying since December 7th (story in English by The Montreal Gazette). 

As stated in an official declaration by the Catholic Church in Montreal, “In essence, the Appeal is simply seeking permission for Palliative Care homes, similarly to health care professionals, to “refuse to administer medical aid in dying based on their personal convictions and [to] refuse to participate in its administration for the same reason. ”We applaud this call to respect institutional freedom of conscience, coupled with religious freedom, in the specific case of a Palliative Care home operating on the site of a former church, that was transferred by the Archbishop’s Charities under a long-term lease. This lease expressly states that the occupant of the premises, St Raphael Palliative Care Home, must provide Palliative Care without administering “medical assistance in dying.” To learn more about the genesis of this extraordinary Montreal Palliative Care home, we suggest this article from the Journal de Montréal (2020, in French). 

We invite you to show your support (through social media, the press, etc.) for this legal initiative that could eventually restore the freedom of Palliative Care homes to choose whether or not to offer medical assistance in dying

Add Your Heading Text Here

Quebec wants a Criminal Code exemption so that people
can request MAiD in advance
 
/ Canadian Press

Quebec is asking the Federal Government to change the Criminal Code so the province can begin allowing people to request medical assistance in dying before their condition renders them incapable of giving consent.”

Yesterday’s press briefing by Ms. Sonia Bélanger, Minister responsible for Seniors, Mr. Jean-François Roberge, Minister responsible for Canadian Relations and Canadian Francophonie, and Mr. Simon Jolin-Barrette, Minister of Justice.

Transcript. (both in French)

We strongly oppose this exemption.
 

The sudden and solitary death of Manuela
Valente
 / La Presse (in French)

An account of suicide, which is difficult to read. Even though this 82-year-old lady was eligible for medical assistance in dying (glaucoma/blindness), is this the path to follow? Accompaniment is possible at any age for all forms of disabilities (including visual); many other solutions than MAiD should be considered.

For our press review of the past weeksvisit our Wakelet page.

And in this Suicide Prevention Week, two cartoons by Godin in Le Devoir (below) have left their mark on us.

Are the drawings from February 2nd (MAiD & mental health) and 5th (Suicide Prevention Week) compatible? Certainly not. In this Suicide Prevention Week, we hope that medical assistance in dying will never be a solution offered nationwide to address mental disorders, even the most complex ones.

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