Bill C-581: An Act to amend the Criminal Code (physician-assisted death)

C-581 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-581 An Act to amend the Criminal Code (physician-assisted death) first reading, March 27, 2014 Mr. Fletcher 412124 SUMMARY This enactment amends the Criminal Code to allow physicians to assist individuals to end their life. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-581 An Act to amend the Criminal Code (physician-assisted death) R.S., c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section 14 of the Criminal Code is replaced by the following: Consent to death 14. Except as provided in section 241.1, no person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any person by whom death may be inflicted on the person by whom consent is given. 2. The heading before section 241 of the Act is replaced by the following: Suicide and Physician-Assisted Death 3. The Act is amended by adding the following after section 241: Definitions 241.1 (1) In this section, “assistance”« aide » “assistance” means the provision of knowledge, means or both; “assisting physician”« médecin aidant » “assisting physician” means a physician who provides assistance with dying to a person seeking physician-assisted death; “consulting physician”« médecin-conseil » “consulting physician” means a physician who advises the assisting physician; “physician”« médecin » “physician” means a doctor of medicine licensed to practice medicine under the laws of the province or territory in which the assistance is provided; “physician-assisted death”« aide médicale à mourir » “physician-assisted death” means voluntary euthanasia that is performed by a physician, or the act of intentionally killing oneself with the assistance of a physician who provides the knowledge, means, or both; “voluntary euthanasia”« euthanasie volontaire » “voluntary euthanasia” means the intentional termination of a person’s life by another person, in accordance with the former's wishes. No offence if conditions and requirements met (2) A physician is not guilty of an offence under section 241 of this Act if the conditions and requirements set out in subsections (3) to (7) are met. Conditions for making request (3) In order to be eligible to make a request for physician-assisted death, a person must (a) be eighteen years of age or older; (b) be a citizen or permanent resident of Canada as of the date of the request; (c) have been diagnosed by a physician as having an illness, a disease or a disability (including disability arising from traumatic injury) that causes physical or psychological suffering that is intolerable to that person and that cannot be alleviated by any medical treatment acceptable to that person, or the person must be in a state of weakening capacities with no chance of improvement; and (d) be of sound mind and capable of fully understanding the information provided to him or her under subsection (6). Assessment (4) The assisting physician and a consulting physician must examine the person who wishes to make a request for physician-assisted death in order to determine whether the person meets the conditions set out in subsection (3). Conditions for serving as consulting physician (5) In order to serve as a consulting physician, a physician must (a) be qualified by speciality or experience to make a professional diagnosis and prognosis regarding the person’s medical condition; and (b) have no professional or personal relationship with the assisting physician. Information (6) The assisting physician must inform the person who wishes to make a request for physician-assisted death of his or her medical diagnosis and prognosis, the consequences of the request for physician-assisted death being honoured, the feasible alternative treatments — including, but not limited to, comfort care, palliative or hospice care, and pain control — and his or her right to revoke the request at any time. Request for physician-assisted death (7) In order to be valid, a request for physician-assisted death must be in writing and be (a) signed by the person requesting physician-assisted death in the presence of the assisting physician and two witnesses or received as a solemn declaration under section 41 of the Canada Evidence Act and placed in the person’s medical record; (b) signed in the presence of the person and the assisting physician by two witnesses, who must attest that, to the best of their knowledge, the person is competent and the request for physician-assisted death is free and informed and has been made without coercion or undue influence; or (c) signed in the presence of the person and two witnesses by the assisting physician, who must attest that the person meets the conditions set out in subsection (3) and understands the information referred to in subsection (6). Conditions for acting as witness (8) In order to act as witness, an individual must be of the age of majority and not be (a) a relative — by blood, marriage, or adoption — of the person making the request; (b) an owner, operator, employee or a res- ident of a health care facility in which the person making the request is receiving treatment; (c) a physician involved in the care of the person making the request; or (d) a person entitled to any portion of the estate upon the death of the person making the request under any will or by operation of law. Carrying out request (9) At least fourteen days must elapse between the time the assisting physician, the person making the request for physician-assisted death or the witnesses, as the case may be, signed the request and the time the request is carried out. Revocation of request (10) The request for physician-assisted death ceases to be of effect if at any time the person who made the request revokes it by means of a written or oral notice, or by any other indication to revoke the request for physician-assisted death, even if the person may not be competent when the notice or indication is given. Note in record (11) In the event that a request for physician-assisted death is revoked, the assisting physician must ensure that a note recording its revocation is made clearly on the request for physician-assisted death, specifying the date and time of the revocation and all the details of what had already been done to follow up on the request. Documentation and filing (12) The assisting physician must ensure that the following is placed in the medical record of the person to whom he has provided assistance with dying: (a) a note signed by the assisting physician and consulting physician stating that they examined the person and believed that the person met the conditions set out in subsection (3); (b) a note signed by the assisting physician and the person stating that immediately prior to providing assistance, the physician offered the person the opportunity to revoke his or her request for physician-assisted death; (c) a note signed by the assisting physician stating that he or she was satisfied that, at the date and time of his or her having provided assistance, all requirements under this section had been met and indicating the steps taken to carry out the request for physician-assisted death; and (d) the request for physician-assisted death referred to in subsection (7). False statement (13) A witness commits an offence if he or she wilfully puts his or her name to a statement he or she knows to be false. An individual guilty of an offence under this subsection is liable on conviction to imprisonment for a term not exceeding five years. Concealing or destroying request (14) An individual commits an offence if he or she wilfully conceals or destroys a request for physician-assisted death or a revocation made under this section. An individual guilty of an offence under this subsection is liable on conviction to imprisonment for a term not exceeding five years. Benefit (15) An assisting or consulting physician involved in the care of a person commits an offence if he or she takes any part whatsoever in assisting a person to die or giving an opinion in respect of such a person believing that he or she would receive a financial or other benefit as a result of the death of the person. An individual guilty of an offence under this subsection is liable on conviction to imprisonment for a term not exceeding five years. Inconsistencies (16) If there is any inconsistency or conflict between this section and any other provision of this Act or any other Act of Parliament, this section prevails to the extent of the inconsistency or conflict. Published under authority of the Speaker of the House of Commons