Main Estimates 2020–21

Legislative overview

Bill C-3: Judicial Training on Sexual Assault Law and Social Context

Background:

Following the prorogation of Parliament in August 2020, and the opening of the new parliamentary session on September 23, 2020, former Bill C-5 was reintroduced as a Bill C-3 on September 25, 2020.

Bill C-3, like its predecessor Bill C-5, is consistent with former Private Member’s Bill C-337, which was introduced during the 42nd session of Parliament. Importantly, the Bill reflects the amendments to Bill C-337 adopted by the House of Commons providing for the inclusion of continuing education on social context in addition to matters relating to sexual assault law. It also incorporates the amendments to Bill C-337 proposed by the Standing Senate Committee on Legal and Constitutional Affairs. Bill C-337 was adopted unanimously in the House of Commons, but had not been passed by the Senate at the dissolution of the 42nd Parliament.

On October 19, 2020 Bill C-3 passed Second Reading unanimously and was referred to the Standing Committee on Justice and Human Rights. The Committee decided not to hear from any witness and to proceed directly to clause by clause.

In Budget 2017, Government provided the Canadian Judicial Council with $2.7 million over five years, and $0.5 million per year thereafter, to ensure that more judges have access to professional development, with a greater focus on gender and culturally-sensitive training.

Prepared by: Adair Crosby
Branch: PLLSS
Date: October 21, 2020

Approved by: Stephen Zaluski
Branch: PLLSS
Date: October 22, 2020

Bill C-6, An Act to amend the Criminal Code (conversion therapy), introduced on October 1, 2020

Background:

Bill C-6, An Act to amend the Criminal Code (conversion therapy), which was introduced on October 1, 2020 and is identical to former Bill C-8, defines “conversion therapy” as any practice, treatment or service designed to change a person’s sexual orientation to heterosexual or gender identity to cisgender, or to repress or reduce non-heterosexual attraction or sexual behaviour. The Bill also clarifies that its conversion therapy definition does not include a practice, treatment or service that relates to a person’s gender transition or exploration or development of a person’s identity.

Specifically, the Bill would create five new Criminal Code offences that would criminalize:

Three provinces (Ontario, Nova Scotia and PEI) have prohibited health care professionals from providing conversion therapy to minors (unless they are capable of consenting and do consent) and both Quebec and the Yukon have introduced bills that would effect similar reforms. Some Canadian municipalities have also banned businesses from providing conversion therapy services (for example, Vancouver and Edmonton).

Prepared by: Nathalie Levman
Branch: CLPS
Date: October 21, 2020

Approved by: Carole Morency
Branch: CLPS
Date: October 21, 2020

Medical Assistance in Dying – Bill C-7

Bill C-7 proposes to broaden eligibility for medical assistance in dying beyond those whose death is reasonably foreseeable, with additional safeguards. It would also permit the waiver of final consent for those who are already approved, whose death is reasonably foreseeable, and who risk losing capacity to consent before receiving medical assistance in dying (MAID).

Background:

MAID Legislation

Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), which has been in force since June 17, 2016, created exemptions from otherwise applicable criminal offences (aiding a person to die by suicide and culpable homicide), permitting practitioners to provide medical assistance in dying (MAID) in certain circumstances. The legislation requires a parliamentary review of its provisions, which was expected to begin in the summer of 2020 but has been delayed due to the COVID-19 pandemic.

On September 11, 2019, in the Truchon and Gladu case (Truchon), the Québec Superior Court struck down the eligibility criterion requiring that a person’s natural death be reasonably foreseeable.

On October 5, 2020, the Minister of Justice re-introduced Bill C-7, An Act to Amend the Criminal Code (medical assistance in dying), in response to the Québec Superior Court decision in Truchon. The Bill would: repeal the “reasonably foreseeable natural death” (RFND) criterion; exclude persons whose sole underlying medical condition is a mental illness; create two sets of safeguards that apply depending on whether natural death is reasonably foreseeable; allow the provision of MAID on the basis of consent given in advance if the person’s death is reasonably foreseeable, they are eligible for MAID, and they risk losing capacity before their scheduled date to receive MAID; and expand data collection under the federal monitoring regime. RFND continues to function, however, as a means of assessing which procedural safeguards will apply in MAID requests with stronger safeguards in place where death is not foreseeable. Bill C-7 is identical to former Bill C-7 (introduced on February 24, 2020), which died on the Order Paper following the prorogation of Parliament in August 2020.

Bill C-7 was also informed by concerns and issues raised during the January and February 2020 consultations with Canadians, and roundtables held across the country with experts and stakeholders.

The Superior Court of Québec granted a second extension of the suspension, to December 18, 2020, in order to give Parliament adequate time to consider the amendments in Bill C-7.

Monitoring

The Regulations for the Monitoring of MAID came into force on November 30, 2018 and set out the framework for mandatory reporting for physicians and nurse practitioners who receive written requests for MAID, and for pharmacists who dispense drugs for MAID. The First Annual Report on Medical Assistance in Dying in Canada, prepared using the federal monitoring regime data, was released on July 24, 2020 and covers the 2019 calendar year.

The Report includes information on requests for MAID, data on MAID-related deaths, access to and receipt of palliative care, and disability support services among persons who received MAID.

Prepared by: Monique Macaranas
Branch: Criminal Law Policy Section
Date: October 21, 2020

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