Vancouver Sun

B.C.’s influence significan­t in assisted dying debate

National assisted-dying debate highlights B.C.’s social activism

- PETER O’NEIL

Canada’s MPs are sharing some powerful and often profoundly personal views this week about life-and-death federal legislatio­n that has B.C.’s fingerprin­ts all over it.

Bill C-14, which would legalize assisted suicide, was born through the efforts of West Coast activists and advocates who were behind the landmark 2015 Supreme Court of Canada ruling.

The unanimous decision to allow Canadians the right to end their lives with profession­al help was based on the end-of-life stories of two B.C. women, Kay Carter and Gloria Taylor, and built on a solid legal foundation.

The debate highlights the province’s unique political culture and its influence on the country on a dizzying array of issues, including homosexual rights, illicit drugs and aboriginal title.

“I would note that B.C. has long been the locus of social movement activism in Canada,” said Dominique Clement, a University of Alberta professor and author of the recently published Human Rights in Canada: A History.

B.C. historian Jean Barman, author of the 2007 book The West Beyond The West: A History of British Columbia, said another factor is the rapid decline in religious faith in the province.

The percentage of B.C. residents telling Statistics Canada they have no religious affiliatio­n has soared from 13 per cent in 1971 to 44 per cent in 2011 — well over double the 21 per cent of Canadians in the rest of the country who reported no religious affiliatio­n in 2011.

The Liberal minister responsibl­e for overseeing the drafting of the assisted dying bill was Justice Minister Jody Wilson-Raybould, the MP for Vancouver Quadra.

And one of those MPs supporting the thrust of the bill, but aggressive­ly challengin­g her on the details, is Victoria’s Murray Rankin, one of Parliament’s sharpest legal minds.

On Wednesday, the Liberals — noting that 84 of the 338 MPs, or one-quarter, had debated the bill over 21 hours — abruptly shut off debate in order to force the bill into committee stage for clause- by-clause examinatio­n.

Before the furor over that move MPs, urged by leaders to vote their conscience rather than along party lines, showed remarkable collegiali­ty — and recognitio­n of history being made — while tackling the thorny issue.

“This debate … is going to be a watershed moment for our country,” said rookie New Democrat Alistair MacGregor, who represents Cowichan-Malahat-Langford.

“It is certainly going to be one for the history books.”

MPs brought up a beloved dog’s death, while others warned that the law sends the wrong message to young aboriginal­s and soldiers who are thinking about suicide.

Several B.C. Conservati­ves, including former Trade Minister Ed Fast, openly advocated the use of the notwithsta­nding clause, a provision of the 1982 Constituti­on Act that allows a federal or provincial parliament to override rights granted in the Charter of Rights and Freedoms.

The debate began on April 22 with Wilson-Raybould challengin­g the B.C. Civil Liberties Associatio­n’s recent assertion that Kay Carter wouldn’t have been allowed access to assisted suicide under the law, which requires that death must be “reasonably foreseeabl­e.”

The debate continued Monday after a two-week House of Commons recess.

(See Hansard for transcript­s: www.parl.gc.ca/ house chamberbus­iness/ chamber sittings. aspx .)

HERE ARE SOME EXCERPTS: ON RESTRICTIN­G ACCESS TO THOSE FACING “REASONABLY FORESEEABL­E” DEATH:

Wilson-Raybould: “As the Supreme Court of Canada noted, Gloria Taylor was dying from a terminal illness and would be eligible. So, too, would Kay Carter, who was 89 and according to the court suffered from spinal stenosis, which itself does not cause death but can become life-threatenin­g in conjunctio­n with other circumstan­ces such as age and frailty. This approach to eligibilit­y responds directly to the Supreme Court’s ruling.”

Murray Rankin: “This (reasonably foreseeabl­e) concept … is almost hopelessly ambiguous. Does it mean a death that is imminent, or simply one that we can predict with confidence?

“Will she force desperatel­y ill Canadians to have to go to the Supreme Court again?”

ON THE “SLIPPERY SLOPE” ARGUMENT:

Ed Fast (Abbotsford, Cons.): “I have no doubt that the legislatio­n before us, if passed, will very quickly become the thin edge of the wedge to secure future liberaliza­tion of assisted suicide to include children, the mentally and physically disabled, the chronicall­y ill, the elderly, and those no longer considered to be productive contributo­rs to Canada. Is that really the Canada we were elected to build?

ON USE OF NOTWITHSTA­NDING CLAUSE:

Ed Fast: “The government well knows it does have remedies … within the charter itself to respond to this decision. When legislatio­n is so fundamenta­lly flawed, as is Bill C-14, as a person of conscience, as a person of faith, as a person who loves this country dearly, it is my duty to speak up against this kind of legislatio­n and to say, no, there are better ways of addressing this.”

ON TERMINALLY- ILL DOGS AND HUMAN LIFE:

Wayne Stetski (Kootenay-Colum

bia, NDP): “Princess was a great dog … I held her in my arms and watched the needle go into her paw. She lay down and died in my arms. As I stood there with tears in my eyes, I thought that if I were ever in intolerabl­e pain from an incurable disease, this is how I would want to leave this world, with a needle in my paw, lying in the arms of someone I love. I personally became a believer in physician-assisted suicide right there 20 years ago.”

ON THE DILEMMA LAWMAKERS’ FACE:

Cathy McLeod ( Kamloops

Thompson-Cariboo, Cons.): “I (the MP has worked as a registered nurse) have watched with envy when some of my colleagues have been able to articulate a really clear position on the legislatio­n, both for and against.

“I will support the legislatio­n at second reading for three reasons. First, I believe that ultimately it will serve Canadians better than having a legal void. Second, indication­s are that a significan­t number, a majority, in my riding do support assisted suicide and euthanasia. Finally, everyone reflects personally, and if I ever had family members with ALS or another devastatin­g disease who said that they wanted to lie on their bed, listen to their music, look at the mountains, rather than palliative sedation at the end of their time, and that’s what they choose, how could I not support them in their request to escape intolerabl­e pain and suffering?”

ON THE IMPLICATIO­NS FOR CANADIAN FORCES MEMBERS:

Bob Zimmer (Prince George-Peace

River-Northern Rockies, Cons.): “I feel it would open a door that was previously closed to members. We certainly respect the ones who have passed as a result of suicide, but I am concerned that this opens the door wider, to making it a somewhat legitimate exercise and to potentiall­y doing it for families to receive benefit. We should be looking at more ways to help members of the forces and veterans with PTSD rather than giving them a doorway out.”

 ?? THE CANADIAN PRESS/ADRIAN WYLD ?? Minister of Justice and Vancouver Quadra MP Jody Wilson-Raybould responds to a question last month in Ottawa about assisted dying legislatio­n tabled by the government.
THE CANADIAN PRESS/ADRIAN WYLD Minister of Justice and Vancouver Quadra MP Jody Wilson-Raybould responds to a question last month in Ottawa about assisted dying legislatio­n tabled by the government.
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 ?? CHRIS ROUSSAKIS/ THE OTTAWA CITIZEN ?? NDP MP for Victoria Murray Rankin has been critical of the federal Liberal government’s assisted dying law.
CHRIS ROUSSAKIS/ THE OTTAWA CITIZEN NDP MP for Victoria Murray Rankin has been critical of the federal Liberal government’s assisted dying law.

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