C-26814264-65Elizabeth II2015-2016An Act to amend the Criminal Code (medical assist­ance in dying)An Act to amend the Criminal Code (medical assistance in dying)20165

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Mr. Warawa421219

SUMMARYThis enactment amends the Criminal Code to make it an offence to intimidate a medical practitioner, nurse practitioner, pharmacist or any other health care professional for the purpose of compelling them to take part, directly or indirectly, in the provision of medical assistance in dying. It also makes it an offence to dismiss from employment or to refuse to employ a medical practitioner, nurse practitioner, pharmacist or any other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assistance in dying.

PreambleWhereas Parliament considers that it is in the public interest to protect the freedom of conscience of a medical practitioner, nurse practitioner, pharmacist or any other health care professional who objects to take part, directly or indirectly, in the provision of medical assistance in dying;Whereas everyone has freedom of conscience and religion under section 2 of the Canadian Charter of Rights and Freedoms;And whereas a regime that would require a medical practitioner, nurse practitioner, pharmacist or any other health care professional to make use of effective referral of patients could infringe on the freedom of conscience of those medical practitioners, nurse practitioners, pharmacists or any other health care professional;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title

Short title1This Act may be cited as the Protection of Freedom of Conscience Act.

R.S., c. C-46Criminal Code

2The Criminal Code is amended by adding the following after section 215:

Offence — intimidation215.1(1)Every one who, for the purpose of compelling a medical practitioner, a nurse practitioner, a pharmacist or any other health care professional to take part, directly or indirectly, in the provision of medical assistance in dying, uses violence or threats of violence, coercion or any other form of intimidation, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.Offence — employer(2)Every one who, wrongfully and without lawful authority, refuses to employ, or dismisses from their employment, a medical practitioner, a nurse practitioner, a pharmacist or any other health care professional for the reason only that such a practitioner refuses to take part, directly or indirectly, in the provision of medical assistance in dying (a)is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or(b)is guilty of an offence punishable on summary conviction.Definitions(3)In this section, medical assistance in dying, medical practitioner, nurse practitioner and pharmacist have the same meaning as in section 241.1.

Coming into Force

Assent3This Act comes into force on the later of the day on which it receives royal assent and the day on which Bill C-14, introduced in the first session of the 42nd Parliament and entitled An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), comes into force.