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.

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:

Definitions

241.‍1 The following definitions apply in this section and in sections 241.‍2 to Insertion start 241.‍5 Insertion end .

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.‍

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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.‍

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