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The Importance of Debating Major Social Issues in Parliament: the Example of Québec’S Act Respecting End-Of-Life Care

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The Importance of Debating Major Social Issues in Parliament: the Example of Québec’S Act Respecting End-Of-Life Care The Canadian Parliamentary Review was founded in 1978 to inform Canadian legislators about activities of the federal, provincial and territorial branches of the Canadian Region of the Commonwealth Parliamentary Association and to promote the study of and interest in Canadian parliamentary institutions. Contributions from legislators, former members, staff and all other persons interested in the The hardwood spiral staircase is objectives of the Review are welcome. a free-standing structure in New Brunswick’s Legislative Assembly The Review is published for the Canadian Building. Designed with the Region, CPA. Any opinions expressed supports coming out from the wall are those of individual contributors and instead of from a central pole, should not be attributed to any Branch of the staircase winds up from the the Canadian Region. first to third floor. New Brunswick hosted the 2014 Commonwealth Parliamentary Association Canadian Regional conference in July. Editor: Will Stos Credit: “Legislative Assembly of Layout: Frank Piekielko New Brunswick” Production Team: Albert Besteman, Cheryl Caballero, Kim Dean, Yasuko Enosawa, Susanne Hynes, Joanne McNair, The Importance of Debating Major Social Issues in Parliament: Wendy Reynolds, Linda Wells The Example of Québec’s Act respecting end-of-life care Editorial Board Jacques Chagnon, MNA ................................................................................2 Patricia Chaychuk (Chair) Charles Robert (Deputy Chair) Women Parliamentarians in the Post-2015 Development Era Agenda Blair Armitage Deborah Deller Myrna Driedger, MLA ...................................................................................5 Dominique Drouin Kim Hammond Sonia L’Heureux Charles MacKay Is There a Confidence Convention in Consensus Government? Audrey O’Brien Gary O’Brien David M. Brock and Alan Cash ...................................................................10 Kate Ryan-Lloyd Doug Schauerte Natalie Foster Executive Decision-Making: Challenges, Strategies, and Resources Adam Moscoe .............................................................................................17 Subscription $40.00 (4 issues) or “Tremendous Assets”: $70.00 (French and English editions) Co-op students at the Legislative Assembly of Ontario $75.00 (4 issues - international/U.S.) Susanne Hynes ............................................................................................24 $125.00 (French and English editions - international/U.S.) Same But Different: The 2013 Liberal Intra-Party Transition in Ontario Cheques should be made payable to: Connor Bays ...............................................................................................28 Canadian Parliamentary Review Observations on Youth Engagement in Parliamentary Politics Address correspondence to: Canadian Parliamentary Review Maya Fernandez, Rebecca Whitmore, Vanesa Tomasino Rodriguez c/o Ontario Legislative Library and Kate Russell .........................................................................................33 Queen’s Park CPA Activities: The Canadian Scene ....................................................37 Toronto, ON M7A 1A9 E-Mail: [email protected] Parliamentary Book Shelf ......................................................................41 Internet: http://www.RevParl.ca Legislative Reports ..................................................................................48 Editor: (416) 325-0231 Fax: (416) 325-3505 E-Mail: [email protected] Legal Deposit: National Library of Canada ISSN 0229-2548 Cette revue est aussi disponible en français CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 1 The Importance of Debating Major Social Issues in Parliament: The Example of Québec’s Act respecting end-of-life care Jacques Chagnon, MNA In an age when parliaments are often criticized for being too partisan in nature, it is still possible for legislatures to serve as exceptional forums to conduct in-depth examination of major social issues and foster broad-based consensus. Using the process employed when considering Quebec’s recent Act respecting end-of-life care as an example, the author shows how important and contentious social matters can be debated and examined in a constructive way by legislators, along with extensive participation from civil society. He concludes by proposing that Canadian parliaments may want to investigate whether to follow the examples of Finland and France by creating special committees to review such issues. arliaments, at their which a person may obtain medical aid to die. The best, are capable of debate on euthanasia and assisted suicide has been Pcreating exceptional going on in Québec for some 30 years, during which forums in which to conduct time a number of court rulings have been handed in-depth examination of down on the subject. major social issues, in a The debate reached an important juncture in 2009, calm and non-partisan when the Collège des médecins du Québec published manner. Such initiatives a paper which proposed that society, medical should take place more practitioners and the legislature consider whether often in my view because euthanasia might not be, in cases of exceptional they give rise to the kind suffering, an appropriate final step in the continuum of broad-based consensus of end-of-life care. At about the same time, opinion that fosters social polls showed that the public, in general, and doctors, progress. They also enhance the image of Parliament, in particular, supported medically assisted dying by a which is too often seen as an arena for partisan debate. margin of more than 70 per cent, provided appropriate Québec’s recent discussions surrounding its new Act safeguards were put in place. respecting end-of life care provide one recent example of the benefit of debating social issues. It was against this background that, on December 4, 2009, the Members of the National Assembly The Select Committee on Dying with Dignity unanimously adopted a motion to create a select The Act respecting end-of-life care was adopted in committee to study the issues relating to dying with June 2014. Founded on respect, compassion and dignity. understanding, with regard to people who are at the The Select Committee on Dying with Dignity was end of their lives, the act sets out the rights relating chaired by a government MNA and vice-chaired by to end-of-life care and prescribes the conditions under the sponsor of the motion, an Official Opposition member. The committee’s mandate was to study end- of-life issues, which included euthanasia and assisted Jacques Chagnon is the President of the Québec National Assembly. suicide. In addition, it was to examine such subjects He also chairs the Committee on the National Assembly and the as palliative care, palliative sedation, refusal and Subcommittee on Parliamentary Reform. 2 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 cessation of treatment, and end-of-life planning, in Throughout its mandate, the Committee had a case of incapacity. team of researchers at its disposal who organized and studied data using NVivo qualitative analysis Once the Committee had been struck, a four-and- software, as well as participated in drafting documents a-half-year period of rigorous study and consultation later published by the Committee. followed. It is important to note that the Committee began, continued, and completed its mandate during The Committee’s report, crafted after 51 deliberative three different legislatures, in which two different meetings, contained 24 unanimous recommendations; political parties held power and four parties were it was tabled in the National Assembly on March 22, represented in the House. 2012. For the occasion, the Committee’s nine members, representing all four political parties, held a press The Committee’s work was characterized by a conference to announce their recommendations to targeted approach and a desire to give all citizens who the public. The report was extensively covered in wished to state their opinion a chance to do so. the media, as was each stage of the Committee’s It began by hearing approximately 30 experts from work leading up to it. The rigour of the Committee’s disciplines such as medicine, law, ethics, sociology and methods and the quality of its report were qualified as psychology. It then released a consultation document exemplary by political observers and the public alike. to increase public awareness of the subject and facilitate Whatever their political allegiance, all public participation. parliamentarians who participated in the work of the The idea was to consult the greatest possible number Committee can be proud of the work accomplished. of citizens. The Committee did everything in its power The Act respecting end-of-life care to encourage people to express their opinion; they sought out a briefs or comments, welcomed testimony In June 2013, little more than a year after the report before the committee without submitting a brief, and was tabled, the Minister for Health and Social Services promoted an online questionnaire. introduced Bill 52. In total, 273 briefs were received and the Committee The bill drew largely on the Committee’s travelled throughout Québec to meet with people recommendations on palliative care, advance medical who wished to participate. From September 2010 to directives and the strict conditions under which a March 2011, 239 individuals and organizations were person may obtain medical aid to die. For example, heard during 29 days of public hearings held in
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