Submission to the Standing Committee on Justice and Human Rights
Parliament of Canada
Amendment to Bill C-7: An Act to amend the Criminal Code (medical assistance in dying)
Appendix "A"
Proposed Amendment
Full Text
Bill C7: Preamble (amendment italicized)
Whereas the Government of Canada has committed . . .;
Whereas Parliament considers that it is appropriate . . .;
Whereas under the Canadian Charter of Rights and Freedoms. . .;
Whereas it is inconsistent with fundamental freedom and principles of fundamental justice to compel unwilling citizens to be parties to homicide and suicide;
Bill C7: adding section 5.
5. The Act is amended by adding the following after section 226:
Compulsion to participate in inflicting death
226.1(1) Every one commits an offence who, by an exercise of authority or coercion, compels another person to be a party to inflicting death by homicide or suicide.
Refusals to participate in inflicting death
(2) Every one commits an offence who
a) refuses to employ a person or to admit a person to a trade union, professional association, school or educational programme because that person refuses or fails to agree to be a party to inflicting death by homicide or suicide; or
b) refuses to employ a person or to admit a person to a trade union, professional association, school or educational programme because that person refuses or fails to answer questions about or to discuss being a party to inflicting death by homicide or suicide during the admissions process.
Coercion to participate in inflicting death
(3) Every one commits an offence who, for the purpose of causing another person to be a party to inflicting death by homicide or suicide
(a) suggests that being a party to inflicting death is a condition of employment, contract, membership or full participation in a trade union or professional association, or of admission to a school or educational programme; or
(b) makes threats or suggestions that refusal to be a party to inflicting death will adversely affect
(i) contracts, employment, advancement, benefits, pay, or
(ii) membership, fellowship or full participation in a trade union or professional association.
Definitions
(4) For greater certainty, in this section,
a) "person" includes an unincorporated organization, collective or business;
b) "inflicting death by homicide or suicide" includes medical assistance in dying as defined in Section 241.1.
Punishment
(5) (a) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.
(b) Every one who commits an offence under subsection (2) is guilty of an indictable offence and liable to imprisonment for ten years.
(c) Every one who commits an offence under subsection (3) is guilty of an indictable offence and liable to imprisonment for five years.
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