Speaker’s Ruling – Point of Order – Motion in Amendment (Bill C-7)
Honourable senators, I had intended to be in the Senate Chamber today, but in light of the evolving situation in Newfoundland and Labrador, I felt it was important to show a scrupulous respect for the safety measures that have been established by the public health authorities in Newfoundland and Labrador.
It is now my intention to rule on the point of order raised last week. After I have given my ruling, I will again ask Senator Ringuette to preside over the sitting. I thank you, colleagues, for your understanding, and hope that you will all remain safe.
Honourable senators, I am ready to rule on the point of order raised by Senator Gold on February 11, 2021, concerning Senator McPhedran’s amendment to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). The concern was that the amendment does not respect the basic objective of the bill and is fundamentally destructive of its principle. After hearing arguments on the point of order, the Speaker pro tempore took the matter under advisement. As provided for in the order of February 8, governing proceedings on Bill C-7, debate then continued pending a ruling.
Rule 10-4 states that “The principle of a bill is usually debated on second reading.” Second reading is thus a critical stage in the legislative process, since it is at this point that the Senate decides whether it is in favour of the principle of the bill, that is to say the bill’s basic intent and objectives. By adopting a bill at second reading the Senate agrees with its basic principle and objectives, and subsequent changes must respect that decision. Amendments cannot be destructive of the bill’s basic purpose, although the Senate does retain its right to reject a bill in whole at subsequent stages.
Related to this limitation are the ideas of scope and relevancy. While the three concepts are often raised together, they are distinct. A ruling of December 9, 2009 noted that:
“It may generally be helpful to view the principle as the intention underlying the bill. The scope of the bill would then be related to the parameters the bill sets in reaching any goals or objectives that it contains, or the general mechanisms it envisions to fulfil its intentions. Finally, relevancy takes into account how an amendment relates to the scope or principle of the bill under examination.”
Page 141 of Senate Procedure in Practice notes that:
“Amendments must, therefore, be in some way related to the bill …, and cannot introduce elements or factors alien to the proposed legislation or destructive to its original goals. In addition, amendments must respect the objectives of the bill.”
While these types of issues usually arise in relation to proceedings in committee, this analytical framework also applies to proceedings in the Senate, as was noted in a ruling of April 4, 2019.
Applying these ideas to the point of order, it seems that the basic objective or intention of Bill C-7 is to recognize and take account of a judicial determination that there exists a constitutional right to medical assistance in dying for persons whose death is not reasonably foreseeable. The bill thus proposes to expand access to medical assistance in dying, with a system of safeguards and eligibility criteria, so that this right is effectively available to such individuals. As outlined during the point of order, the amendment would undo this fundamental purpose of the bill. If the amendment were adopted, the bill would no longer address the decision of the court, and the law would continue to limit medical assistance in dying to those whose death is reasonably foreseeable. This effectively reverses the principle of the bill.
Since the amendment goes against the basic principle of the bill and does not reflect the decision made by the Senate at second reading, it is out of order, and debate on it cannot therefore continue.
(Accordingly, the motion in amendment was withdrawn, by order.)
Honourable senators, I will now ask Senator Ringuette to resume presiding over the sitting. Once again, I would like to thank you, colleagues, for your cooperation, and I wish you all well in our continued deliberations. Thank you very much.