Assisted-death legislation will miss Supreme Court deadline

OTTAWA – There’s now no way the federal government is going to meet Monday’s Supreme Court deadline to enact legislation on doctor-assisted dying.

Senators have voted to adopt the legislation, known as Bill C-14, in principle and to send it to the Senate committee on legal and constitutional affairs.

READ MORE: Senators give Justice, Health ministers rough ride over assisted dying bill

However, after the vote, the upper chamber opted to adjourn until Tuesday – the day after the high court’s deadline.

That decision followed a news conference by Prime Minister Justin Trudeau, who said he was still hopeful the controversial bill could be passed in time.

“We’ve been very clear that it is our hope that by June 6 the government legislation on a framework for assisted dying will be in place,” Trudeau said Friday in Winnipeg.

“The Supreme Court tasked the government of Canada almost a year and a half ago to get this right and unfortunately, the previous government did nothing on that, or next to nothing, which meant that we had to work very quickly and responsibly to put forward the right plan for Canadians and that’s exactly what we did.”

Tweet This Click to share quote on Twitter: "We've been very clear that it is our hope that by June 6 the government legislation on a framework for assisted dying will be in place," Trudeau said Friday in Winnipeg.</p><p>"The Supreme Court tasked the government of Canada almost a year and a half ago to get this right and unfortunately, the previous government did nothing on that, or next to nothing, which meant that we had to work very quickly and responsibly to put forward the right plan for Canadians and that's exactly what we did."

The Supreme Court agreed to a four-month extension on the year it had given Parliament to enact legislation responding to its landmark ruling lifting the ban on doctor-assisted dying.

READ MORE: Doctors worry assisted death will become legal without a law

Medical regulators in every province have issued guidelines for physicians on providing assistance in dying.

Those guidelines impose safeguards similar to – and in some cases, even stronger than – those proposed in C-14.

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But Dr. Jeff Blackmer of the Canadian Medical Association said since they are not federal Criminal Code statutes, they are not enough to provide legal clarity to physicians who may be asked by patients for medical assistance in dying.

“I think the public really needs to understand the seriousness of this issue for Canadian physicians,” said Blackmer, the vice-president of medical professionalism for the voluntary professional organization.

“We are being asked to put our patients to death. It’s that simple and to be asked to do so without clear legal protections, for most physicians, is simply a bridge too far and I think most people would understand that.”

Tweet This Click to share quote on Twitter: "I think the public really needs to understand the seriousness of this issue for Canadian physicians," said Blackmer, the vice-president of medical professionalism for the voluntary professional organization.</p><p>"We are being asked to put our patients to death. It's that simple and to be asked to do so without clear legal protections, for most physicians, is simply a bridge too far and I think most people would understand that."

Jennifer Gearey, a spokeswoman for Senate Opposition leader Claude Carignan, said the committee will meet Monday and Tuesday, so there would have been no possibility of getting the bill back to the Senate in time for the deadline anyway.

READ MORE: Assisted dying in Canada: What you need to know about the new law

In the Senate, Independent Liberal Sen. Serge Joyal asked Sen. Peter Harder, the government’s “representative” in the upper chamber, whether it would be possible to ask the Supreme Court for another extension.

“I think it would bring to the level of acceptance of this bill the kind of certainty that Canadians are expecting from a government that is, as you know, going into uncharted territory,” Joyal said.

“I don’t think that the government would be negatively criticized, because what we are dealing with here is what is the most cherished gift we have, which is life and how we manage our own lives.”

Tweet This Click to share quote on Twitter: "I don't think that the government would be negatively criticized, because what we are dealing with here is what is the most cherished gift we have, which is life and how we manage our own lives."

Harder responded that he would take up the suggestion with the government.

Justice Minister Wilson-Raybould and Health Minister Jane Philpott did not immediately respond to a request for comment.