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Bill C-268

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-268
An Act to amend the Criminal Code (intimidation of health care professionals)
FIRST READING, February 18, 2021
Mrs. Block
432060


SUMMARY

This enactment amends the Criminal Code to make it an offence to intimidate a medical practitioner, nurse practitioner, pharmacist or 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 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


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-268
An Act to amend the Criminal Code (intimidation of health care professionals)

Preamble

Whereas everyone has freedom of conscience and religion under section 2 of the Canadian Charter of Rights and Freedoms;
Whereas Parliament considers that it is in the public interest to protect the freedom of conscience of a medical practitioner, nurse practitioner, pharmacist or other health care professional who objects to taking part, directly or indirectly, in the provision of medical assistance in dying;
And whereas a regime that would require a medical practitioner, nurse practitioner, pharmacist or other health care professional to provide effective referral to patients could infringe on the freedom of conscience of health care professionals;
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 first definition 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
241.‍5(1)Every person who, for the purpose of compelling a medical practitioner, nurse practitioner, pharmacist or 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
(2)Every person who refuses to employ, or dismisses from their employment, a medical practitioner, nurse practitioner, pharmacist or 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 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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