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Bill C-418

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-418
An Act to amend the Criminal Code (medical assist­ance in dying)
FIRST READING, October 30, 2018
Mr. Anderson
421552


SUMMARY
This 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.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-418
An Act to amend the Criminal Code (medical assist­ance in dying)
Preamble
Whereas 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 provide effective referral to 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 title
1This Act may be cited as the Protection of Freedom of Conscience Act.
R.‍S.‍, c. C-46

Criminal Code

2The portion of section 241.1 of the Criminal Code before the definition medical assistance in dying is replaced by the following:
Definitions
241.1The following definitions apply in this section and in sections 241.2 to 241.5.
3The Act is amended by adding the following after section 241.4:
Offence and punishment — intimidation
241.5(1)Every person 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
(a)an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)an offence punishable on summary conviction.‍
Offence and punishment — employer
(2)Every person 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 is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)an offence punishable on summary conviction.‍
Published under authority of the Speaker of the House of Commons

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