Question Period Note: PROTECTION OF HEALTHCARE WORKERS

• What the government is doing to protect healthcare workers against harassment, particularly in light of the pandemic?

• The Government of Canada recognizes the incredible contribution that health care workers have made and continue to make in Canada’s response to the pandemic.
• Yet, we have heard many stories about physicians, nurses and other health workers who have been threatened and intimidated, in person and online. This behavior is completely unacceptable, and adds another heavy burden on health care workers who are working tirelessly to keep us safe and healthy.
• Our government recently took action to protect health care workers, through amendments to the Criminal Code (under the former Bill C-3), in order to ensure health care workers are safe and free from threats, violence and harassment.
• All Canadians, and especially healthcare workers, whose goal is to help others, deserve a safe working environment, free from violence and threats.

On December 17, 2021, Bill C-3, which amends the Criminal Code to enhance protections for health care workers, those who assist them, and those accessing health care services, received Royal Assent.

Health care workers have long faced difficult working conditions, including violence and threats of violence in the workplace. This situation has been exacerbated by the COVID-19 pandemic. High profile public demonstrations have interfered with heath care workers and with the public accessing health care facilities.

Taken together, the amendments affirm the federal government’s recognition of the importance of protecting health care workers and those who assist them, and of ensuring safe access to health facilities. At the same time, these changes respect Canadians’ freedom to voice their concerns and protest in a safe and peaceful manner, and ensure workers’ freedom to take labour action, consistent with the Charter of Rights and Freedoms.

Intimidation and obstructing access offences

These amendments have created a specific intimidation offence to further protect health care workers, those who assist them, and persons seeking health services. The new intimidation offence will address circumstances where a health care worker, or person seeking health services, is subject to any intimidating conduct. This could include threats, or other forms of violence, that are intended to provoke fear, to interfere with the duties of a health care worker, or to impede a person from receiving health care services.

The specific obstructing access offence prohibits obstructing any person from accessing health facilities. This offence does not apply where a person is peacefully protesting or communicating information, such as on a picket line outside a health facility, even if that has a minor impact on the ability of others to access the facility.

These offences are both punishable by a maximum penalty of 10 years imprisonment on indictment. Depending on the degree of seriousness and circumstances of the alleged offence, the prosecutor will have the option to proceed by indictment for more serious cases or by summary conviction for less serious cases. The maximum penalty on summary conviction is two years less a day.

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