Bill C-422
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-422 |
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An Act to amend the Criminal Code to
prohibit coercion in medical procedures
that offend a person's religion or belief
that human life is inviolable
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, c. 5
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1. The Criminal Code is amended by
adding the following after section 425:
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| Coercion by
health-care
employers
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425.1 (1) Every one is guilty of an offence
punishable on summary conviction who,
being an employer or the agent of an
employer,
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because the health care practitioner is, or is
believed to be, unwilling to take part in or
counsel for any medical procedure that
offends a tenet of the practitioner's religion, or
the belief of the practitioner that human life is
inviolable.
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| Coercion by
educators
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(2) Every one is guilty of an offence
punishable on summary conviction who,
being an educator or the agent of an educator
in any field of health care in Canada,
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because the person is, or is believed to be,
unwilling to take part in or counsel for any
medical procedure that offends a tenet of the
person's religion, or the belief of the person
that human life is inviolable.
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| Coercion by
professional
association
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(3) Every one is guilty of an offence
punishable on summary conviction who,
being an officer of a professional association
of health care practitioners, or the agent of any
such officer,
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because the person is, or is believed to be,
unwilling to take part in or counsel for any
medical procedure that offends a tenet of the
person's religion, or the belief of the person
that human life is inviolable.
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| Definitions
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(4) The following definitions apply in this
section.
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| ``educator'' « éducateur »
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``educator'' includes a person teaching in a
university or college.
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| ``health care
practitioner'' « professionne l de la santé »
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``health care practitioner'' means any person
who may lawfully provide services to
others;
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| ``human life'' « vie humaine »
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``human life'' means human life at any stage
beginning at conception.
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| ``professional
association'' « association profession- nelle »
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``professional association'' means any
professional accreditation body, other than
a university or college, and includes any
association of health care practitioners and
any trade union of health care practitioners.
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| ``tenet''
« précepte »
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``tenet'' means a religious doctrine that human
life is inviolable or an edict of a religion that
requires that human life not be deliberately
ended or that human life not be subjected to
any increased risk of death when the
subjection to increased risk is avoidable.
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| Consent of
Attorney
General
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(5) No proceedings shall be commenced
under this section without the consent of the
Attorney General.
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| Coming into
force
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2. This Act comes into force 90 days after
the day it is assented to.
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