The medical assistance in dying bill is finally before the Senate’s legal and constitutional affairs committee, as the (extended) deadline approaches for it to be passed to comply with a Quebec court ruling, and we have justice minister David Lametti saying that there is always the possibility that they could yet refer this bill to the Supreme Court of Canada to get their judgment on whether it will meet the courts’ requirements. And I just cannot with this.
This is part of a pattern in this country where anytime there is a contentious or “moral” issue, parliamentarians of all stripes get afraid to put their necks on the line for something – no matter how right the cause is – and insist that the courts weigh in so that they can do the performative action of looking like they were dragged, kicking and screaming, into complying. They did this with lesbian and gay rights, they did this with safe injection sites, they did this with prostitution laws, and they did this with assisted dying – and in the cases of both prostitution laws and assisted dying, the laws drafted to replace those that were struck down were not going to comply with the court’s rulings, and yet they went ahead with them anyway so that they could force a new round of court challenges to really put on a show of kicking and screaming. It’s spineless, and it causes so much more unnecessary suffering (and in some cases, like with prostitution laws, deaths) when better laws could and should be drafted, but those MPs and senators who push for full compliance get sidelined by the skittish majority. And in the case of assisted dying, so many of those pushing to go back to the courts are simply seeking to re-litigate the action, which is not going to happen. A unanimous decision is not going to be scaled back on a second hearing.
While I am encouraged that Lametti did try to say that this option is not the best one, and his office later clarified that they have no plan to have yet another reference on assisted dying, but the fact that you have his clamour of people who don’t want to either make a decision, or who want to re-litigate the same issues, clamouring to send this back to the Supreme Court is disappointing. That parliament can’t respond to the Court’s ruling in a reasonable manner is one of the most irritating things about how we run this country, and it would be great if our MPs (and some senators) could forego the theatrics.