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Lots Of Hurdles Before Feds Can Legislate Medical Assistance In Dying

Darpan News Desk, 26 Feb, 2016 11:39 AM
    OTTAWA — The highly anticipated report of a special joint parliamentary committee on medically assisted dying is far from the final word on the subject.
     
    The Supreme Court of Canada, which last year struck down the ban on doctor-assisted death, has given the federal government until June 6 to come up with a new law that recognizes the right of clearly consenting adults who are enduring intolerable physical or mental suffering to seek medical help in ending their lives.
     
    There are numerous hurdles the government must yet scale as it scrambles to meet that deadline:
     
    1. Justice Department lawyers must craft a proposed law giving effect to the court ruling and addressing some of the thorny issues the ruling has raised, such as whether to allow advance requests for medical aid in dying by those diagnosed with competence-impairing conditions like dementia.
     
    The delivery of health care is a provincial jurisdiction so drafting a federal law will involve consultations and collaboration with the provinces.
     
     
    The department has already begun working on the law and Justice Minister Jody Wilson-Raybould says she hopes to have something to take to cabinet within a couple of weeks.
     
    2. Once a bill is introduced, it must go through the normal legislative process. That means it must be debated in the House of Commons and pass a second reading vote giving it approval in principle.
     
    3. The bill must then be referred to a Commons committee, which will hear from witnesses and examine the bill clause by clause. The committee can propose amendments. 
     
    4. The bill must be debated at third reading in the Commons and pass a final vote.
     
    5. Once approved by the Commons, the bill must go through the same legislative process — debate, vote in principle, committee study, debate and final vote — in the Senate. Should the Senate approve any amendments, the bill would have to go back to the Commons.

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