Bill S-11
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2nd Session, 36th Parliament,
48 Elizabeth II, 1999
senate of canada
BILL S-11
An Act to amend the Criminal Code to prohibit coercion in medical procedures that offend a person’s religion or belief that human life is inviolable
R.S., c. C–46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, cc. 5, 17, 18, 25, 28, 31, 32
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 425:
Coercion by health-care employers
425.1 (1) Every one is guilty of an offence punishable on summary conviction who, being an employer or the agent of an employer,
(a) refuses to employ a health care practitioner,
(b) refuses to advance or promote a qualified health care practitioner, or
(c) dismisses, or threatens to dismiss, a health care practitioner from employment,
because the health care practitioner is, or is believed to be, unwilling to take part in or counsel for any medical procedure that offends a tenet of the practitioner’s religion, or the belief of the practitioner that human life is inviolable.
Coercion by educators
(2) Every one is guilty of an offence punishable on summary conviction who, being an educator or the agent of an educator in any field of health care in Canada,
(a) refuses to admit any person to courses in a field of health care, or
(b) refuses to grant accreditation in a field of health care to any person
because the person is, or is believed to be, unwilling to take part in or counsel for any medical procedure that offends a tenet of the person’s religion, or the belief of the person that human life is inviolable.
Coercion by professional association
(3) Every one is guilty of an offence punishable on summary conviction who, being an officer of a professional association of health care practitioners, or the agent of any such officer,
(a) refuses to admit a person to membership in the professional association,
(b) refuses to advance or promote the standing of a person as member of the professional association, or
(c) excludes a person from, or threatens to exclude a person from, the professional association,
because the person is, or is believed to be, unwilling to take part in or counsel for any medical procedure that offends a tenet of the person’s religion, or the belief of the person that human life is inviolable.
Definitions
(4) The following definitions apply in this section.
“educator”
« éducateur »
« éducateur »
“educator” includes a university or college.
“health care practitioner”
« professionnel de la santé »
« professionnel de la santé »
“health care practitioner” means any person who may lawfully provide services to others;
(a) as a physician, surgeon, dentist, nurse or other skilled health care provider,
(b) as a person engaged in the provision of medical, dental, hospital, clinical, nursing or other health care services, under the direction of a skilled health care provider or a clinic, hospital, accrediting body, or government ministry, or
(c) as a teacher, professor, instructor or other person providing teaching services in any field of health care.
“human life”
« vie humaine »
« vie humaine »
“human life” means human life at any stage beginning at conception.
“professional association”
« association professionnelle »
« association professionnelle »
“professional association” means any professional accreditation body, other than a university or college, and includes any association of health care practitioners and any trade union of health care practitioners.
“tenet”
« précepte »
« précepte »
“tenet” means a religious doctrine that human life is inviolable or an edict of a religion that requires that human life not be deliberately ended or that human life not be subjected to any increased risk of death when the subjection to increased risk is avoidable.
Consent of Attorney General
(5) No proceedings shall be commenced under this section without the consent of the Attorney General.
Coming into force
2. This Act comes into force 90 days after the day it is assented to.
Published under authority of the Senate of Canada