Ottawa calls for fourth delay,
judge grows impatient
In December, after obtaining the third deadline, Federal Justice Minister David Lametti pledged to reimburse reasonable legal fees and court expenses for those who sought such permission.
(Montreal) The federal government has again obtained from a judge - for a fourth, but last time
- additional time to pass its new version of the Act respecting physician-assisted dying.
- additional time to pass its new version of the Act respecting physician-assisted dying.
Despite his obvious irritation at this request, Judge Martin Sheehan of the Superior Court granted him one more month, until March 26, by his judgment rendered the same day, the day before the deadline.
The magistrate made it clear that this is a "final deadline".
Justice Minister David Lametti wrote on his Twitter account on Thursday that he understood the warning.
At the same time, he blamed the elected Conservatives for slowing down the legislative process. "The Conservative Party must now stop its partisan obfuscation tactics," he wrote, urging it to pass Bill C-7 without further delay.
With this fourth extension, the government will finally have been granted 18 months and two weeks.
This debate stems from the demand of two citizens, Jean Truchon and Nicole Gladu, who sought to overturn the criterion of federal law which restricted medical assistance in dying to those "whose natural death is reasonably foreseeable".
Ms. Gladu and the late Mr. Truchon - he has since availed himself of physician-assisted dying - both suffered from severe degenerative diseases and in great pain, but could not be considered "at the end of their life." They couldn't get help from a doctor to end their life.
Judge Christine Baudouin granted their request and invalidated this restrictive criterion, ruling that it violated the Canadian Charter of Rights and Freedoms. She had given the government six months (until March 2020) to pass a new law, if it so wished. In the meantime, his judgment was suspended and medical assistance in dying was not possible for citizens who were not at the end of their life.
Ottawa chose to pass a new law, but still has not completed the legislative process and has had to go back to court several times to ask for more time, citing first the federal election which resulted in the suspension of the Parliament, then the COVID-19 pandemic.
The jugement
Even though this is a fourth request, the situation favors an extension, writes the judge, "given the exceptional circumstances that have prevailed since the start of the pandemic."
The federal government had to mobilize its resources to organize the fight against COVID-19, and this situation continues today: "it must currently manage the risk of a third wave made more critical due to the appearance of variants of the virus and the uncertainties that still surround the effectiveness of vaccines in countering their transmission, ”Judge Sheehan wrote in his ruling.
The magistrate noted in his judgment all that has been recently accomplished by both the House of Commons and the Senate. In short, the legislative process has progressed, even during this week. “Hopefully the process is drawing to a close. "
In addition, the magistrate stresses that he does not want to destroy public confidence in the justice system, bypassing the efforts of the government "when it is so close to its objective".
Ms. Gladu's lawyers ultimately did not oppose the federal request for a one-month extension.
However, they expressed to Judge Sheehan the "immense exasperation" of their client.
The judge noted it well. He sends a message to the government that “the flexibilities granted should not be viewed as a license” to infringe the constitutional rights of Canadians.
And then, he writes this warning: if the government delays in passing its bill by March 26, "it will be necessary to deduce that this incapacity results from a lack of consensus on the delicate questions raised" rather than the consequence of exceptional circumstances.
The government will then have to choose, he writes: either to adopt a temporary legislative response or to allow the legislative process to continue by giving effect to the judgment of Justice Christine Baudouin. In short, without the presence of criteria preventing people like Ms. Gladu from requesting medical assistance in dying.
For the next month, those who can no longer wait will be able to request special permission from a judge and may be reimbursed by the government for their reasonable legal costs.
The magistrate made it clear that this is a "final deadline".
Justice Minister David Lametti wrote on his Twitter account on Thursday that he understood the warning.
At the same time, he blamed the elected Conservatives for slowing down the legislative process. "The Conservative Party must now stop its partisan obfuscation tactics," he wrote, urging it to pass Bill C-7 without further delay.
With this fourth extension, the government will finally have been granted 18 months and two weeks.
This debate stems from the demand of two citizens, Jean Truchon and Nicole Gladu, who sought to overturn the criterion of federal law which restricted medical assistance in dying to those "whose natural death is reasonably foreseeable".
Ms. Gladu and the late Mr. Truchon - he has since availed himself of physician-assisted dying - both suffered from severe degenerative diseases and in great pain, but could not be considered "at the end of their life." They couldn't get help from a doctor to end their life.
Judge Christine Baudouin granted their request and invalidated this restrictive criterion, ruling that it violated the Canadian Charter of Rights and Freedoms. She had given the government six months (until March 2020) to pass a new law, if it so wished. In the meantime, his judgment was suspended and medical assistance in dying was not possible for citizens who were not at the end of their life.
Ottawa chose to pass a new law, but still has not completed the legislative process and has had to go back to court several times to ask for more time, citing first the federal election which resulted in the suspension of the Parliament, then the COVID-19 pandemic.
The jugement
Even though this is a fourth request, the situation favors an extension, writes the judge, "given the exceptional circumstances that have prevailed since the start of the pandemic."
The federal government had to mobilize its resources to organize the fight against COVID-19, and this situation continues today: "it must currently manage the risk of a third wave made more critical due to the appearance of variants of the virus and the uncertainties that still surround the effectiveness of vaccines in countering their transmission, ”Judge Sheehan wrote in his ruling.
The magistrate noted in his judgment all that has been recently accomplished by both the House of Commons and the Senate. In short, the legislative process has progressed, even during this week. “Hopefully the process is drawing to a close. "
In addition, the magistrate stresses that he does not want to destroy public confidence in the justice system, bypassing the efforts of the government "when it is so close to its objective".
Ms. Gladu's lawyers ultimately did not oppose the federal request for a one-month extension.
However, they expressed to Judge Sheehan the "immense exasperation" of their client.
The judge noted it well. He sends a message to the government that “the flexibilities granted should not be viewed as a license” to infringe the constitutional rights of Canadians.
And then, he writes this warning: if the government delays in passing its bill by March 26, "it will be necessary to deduce that this incapacity results from a lack of consensus on the delicate questions raised" rather than the consequence of exceptional circumstances.
The government will then have to choose, he writes: either to adopt a temporary legislative response or to allow the legislative process to continue by giving effect to the judgment of Justice Christine Baudouin. In short, without the presence of criteria preventing people like Ms. Gladu from requesting medical assistance in dying.
For the next month, those who can no longer wait will be able to request special permission from a judge and may be reimbursed by the government for their reasonable legal costs.
Stephanie Marin
The canadian press
https://www.lapresse.ca/actualites/politique/2021-02-25/aide-medicale-a-mourir/ottawa-demande-un-quatrieme-delai-un-juge-s-impatiente.php
The canadian press
https://www.lapresse.ca/actualites/politique/2021-02-25/aide-medicale-a-mourir/ottawa-demande-un-quatrieme-delai-un-juge-s-impatiente.php