Quebec's end-of-life-care law violates Criminal Code: Ottawa

The federal government is hinting it may challenge Quebec’s new end-of-life-care law.

On Thursday, Quebec’s National Assembly passed the controversial legislation with 80 per cent support of MNAs — coming from all of the parties.

The legislation allows those with an “incurable disease, incurable illness which is causing unbearable suffering to ask a doctor to end their life.”

The federal government, however, is indicating it may challenge — or support a challenge — of the new law in court.

May violate Criminal Code

Justice Minister Peter MacKay’s office said the government believes Quebec has overstepped its bounds with the legislation and believes it violates the Criminal Code — which is Ottawa’s jurisdiction.

Bloc Québécois Leader Jean-François Fortin disagrees, “It’s legislation that seeks only to set out end-of-life care, therefore it has nothing to do with the Criminal Code.”

Next week, the Bloc will introduce a private member's bill seeking to clarify in law that issues concerning doctor-assisted suicide or other end-of-life options are strictly provincial jurisdiction.

MPs from all parties divided on issue

A Conservative MP, Stephen Fletcher, has already introduced two private member's bills to allow doctors to help patients end their lives.

One of the bills would change the Criminal Code to allow the practice.

The NDP’s Françoise Boisvin isn’t sure if Quebec’s law violates the Criminal Code — she says her party is going to take some time to better understand that aspect.

She hopes the federal government will as well.

“I just hope the federal government doesn’t come in right away to stomp down Quebec, because it wants to make sure this is criminalized in some way,” she said.

Manitoba Tory MP Stephen Fletcher has introduced 2 bills in Parliament to allow doctor assisted suicide ((Fred Chartrand/Canadian Press))

Not all physicians are on side with the move, though.

Dr. Carolyn Bennett is a Liberal MP, her party supports decriminalizing doctor-assisted suicide – but is still developing its exact policy on how it would work and what rules should be in place around it.

Bennett said it’s an area where everyone should tread carefully.

“Disability groups are very, very concerned about this,” she said. “I think they need to be heard very strongly before you proceed with the implementation of a bill that is as truly radical as this.”