On Nov. 14, Justice Minister Jody Wilson-Raybould and Health Minister Jane Philpott announced they had extended until Dec. 15 the reporting deadline of the panel the previous government established to consult Canadians and provide legislative recommendations to the Supreme Court’s decision that struck down Criminal Code provisions against assisted suicide. The ministers also modified the mandate of the External Panel on Options for a Legislative Response to Carter v Canada “to focus on the results of the consultations, rather than on the development of legislative options.”
“What can I say except that one would have to be living in a different universe to be surprised by this move,” said Margaret Somerville, founding director of the McGill Centre for Medicine, Ethics and Law. “It’s a clever way of indirectly nullifying the work of the panel without disbanding it outright or dismissing any recommendations it might make.”
The panel is composed of three non-partisan, acknowledged experts in their field: chairman Dr. Harvey Chochinov, a psychiatrist and expert in palliative care; Ryerson University professor emerita Catherine Frazee, an expert in the rights of disabled people; and University of Ottawa law professor Benoît Pelletier.
The government reports the panel “consulted directly with 66 experts through 51 meetings in five countries, and 95 representatives from 48 Canadian organizations,” and “received over 300 document submissions from stakeholders and over 11,000 responses to its online consultation.”
“Who could be better qualified to make recommendations than these highly trained individuals who, apart from their academic and professional qualifications, are the ones who have actually heard from Canadians as well as from those with experience with legalized euthanasia abroad?” asked Michele Boulva, director of the Catholic Organization for Life and Family (COLF). “Whatever one makes of the government’s decision, one thing is certain, Canadians want more and better access to palliative care. This was the finding of the Parliamentary Committee on Palliative and Compassionate Care which published its report in 2010.”
Euthanasia Prevention Coalition executive director Alex Schadenberg called the mandate change “wrong” and “short-sighted.”
“They are saying we are willing to look at some of your research, but not at recommendations as to a legislative response,” he said.
Schadenberg worries Prime Minister Justin Trudeau is “kowtowing” to Dying with Dignity and others in favour of euthanasia, “who have asked them to disband this panel.” Schadenberg predicted the mandate change means the Liberal government will defer to the “pro-euthanasia” provincial-territorial commission that has “already prepared its recommendations.”
“How undemocratic to silence highly relevant and expert voices for fear that they might not sing only from the so-called ‘progressives values’ advocates’ hymn book,” said Somerville. “I seem to recall Trudeau severely criticizing Harper for silencing the government scientists. One would hope it would also be characterized as ‘how un-Canadian.’ ”
Boulva said the “whole question of assisted suicide and euthanasia would be largely moot if we were providing the care that our people want and deserve.”
The government has until Feb. 6 before the Carter decision comes into effect. There is speculation it may ask the Supreme Court for an extension of about six months to get the legislation in place.