Category: News Releases

Ontario physicians seek court protection from CPSO policy

For immediate release

Christian Medical and Dental Society of Canada

TORONTO – Dr. Diane Haak, President of the Christian Medical and Dental Society (CMDS), Woodstock emergency room physician Dr. Michelle Korvemaker, and CMDS executive director Larry Worthen announced, today, that they have filed documents asking the Court to declare that a new College of Physicians and Surgeons (CPSO) policy infringes upon Ontario doctors’ freedom of conscience.

“My conscience and religious beliefs do not allow me to engage in procedures to which I have a moral, ethical or religious objection. I, and all physicians in Ontario, have the right to practice medicine according to my conscience and free from state compulsion,” said Dr. Korvemaker.

Dr. Haak added, “This policy may force physicians who do not feel they can refer or perform procedures that go against their conscience to leave the practice of medicine.”

CMDS filed an application for declaratory relief asking the court to declare that portions of the CPSO’s March 6, 2015, policy breach sections of the Canadian Charter of Rights and Freedoms.

Said Larry Worthen, ”We firmly believe that it is possible to ensure access to  controversial procedures and pharmaceuticals in Ontario without trampling upon the constitutional rights of physicians”

The CPSO policy violates freedoms of conscience and religion by requiring physicians and surgeons to make formal referrals when their consciences don’t permit their performing a procedure or treatment. The policy also violates Charter freedoms by requiring them to perform procedures when certain circumstances arise.

 CMDS Canada represents some 1600 physicians and dentists across Canada (http://www.cmdscanada.org). The Canadian Federation of Catholic Physician’s Societies is also supporting the application.

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For more information, please contact:      Larry Worthen  902-880-2495

Lawyers to UN: Forcing nurses to assist abortions violates international law

 Parallel meeting in Geneva on 12 March

News Release

Alliance Defending Freedom

ADF International will hold a parallel event at the 28th session of the United Nations Human Rights Council in Geneva Thursday to call upon European nations to respect the fundamental right to freedom of conscience within the medical profession. Two ADF International lawyers will speak at the event and will be available for media interviews.

ADF International, in coalition with Scandinavian Human Rights Lawyers, will urge the UN Human Rights Council and the international community at large to confront the lack of protections for freedom of conscience in several European countries. Although this fundamental human right is protected under international and European human rights law, a growing trend – particularly within the medical profession – is to override it. As a result, doctors, nurses, and midwives are being fired for refusing to perform or partake in abortion procedures.

“No one deserves to  be denied a job simply because they are pro-life,” said Ruben Navarro, ADF International’s director of UN Advocacy-Geneva, who will speak at the event. “International law makes it clear that being pro-abortion cannot be a requirement for employment, nor can medical facilities force nurses and midwives with a conscience objection to assist with practices that can lead to an abortion.”

At the event, Ruth Nordström, president of Scandinavian Human Rights Lawyers and lead counsel in the case Grimmark vs. Jönköping City Council, will discuss the lack of conscience protections under Swedish law.

“Sweden has failed to develop a comprehensive and clear regulation that defines and regulates conscientious objection at the workplace, in particular for health care providers,” Nordström explains. “Swedish medical workers are being reprimanded, repositioned, fired, and put at a disadvantage in other ways as well. Their freedoms under international treaties are being violated.”

“Willingness to commit an abortion cannot be a litmus test for employment,” added ADF International Senior Legal Counsel and Director of UN Advocacy Paul Coleman. “Medical clinics and hospitals need to respect the desire and conviction of a midwife or nurse to protect life – a desire that led Ellinor Grimmark and others like her to pursue the profession in the first place.”

Conscientious objection: a good for humanity

News Release

Bratislava

Consilium Conferentiarum Episcoporum Europae (CCEE)

While in Europe, strongly marked by secularism and liberalism, there is an increasing tendency to multiply the rights of individuals, especially at the beginning and end of life, proportionally,  freedom of conscience – a fundamental right at the foundation of democracy and the Rule of law of our European countries – is increasingly struggling, especially in the medical and educational field. On the contrary conscientious objection is not used against anyone or to undermine the legal system but for the common good. In Bratislava, the legal advisers of the Bishops’ Conferences of Europe talked about the real applicability of conscientious objection in the light of the current debate in European States and the consequences-challenges to church institutions.

The meeting was held from 4th to 6th of March in Bratislava, Slovakia. This was the second meeting of legal advisers, organized by the Council of European Bishops’ Conferences (CCEE). The first one was held in Strasbourg in 2013. Representatives of the Holy See, England, Belgium, Bosnia and Herzegovina, Czech Republic, Croatia, France, Germany, Spain, Hungary, Italy, Latvia, Lithuania, Poland, Portugal, Scotland, Slovakia, Slovenia and Ukraine attended the conference. The meeting was hosted by Msgr. Stanislav Zvolensky, Archbishop of Bratislava and President of the Slovak Bishops’ Conference, who opened the conference. Msgr. Mario Giordana, Apostolic Nuncio in Slovakia and Jan Figel, currently Vice President of the Slovak Parliament, greeted the participants during the meeting.

The main address was given by Prof. Marek Šmid, Rector of the University of Trnava (Slovakia) who focused on the legal regulation of conscientious objection. There is a diversity of situations in the states of Europe. The common element of their legal systems is the fact that the regulation of conscientious objection has an important impact in a number ethically sensitive areas.

In the case of members of the Catholic Church, conscientious objection should be instituted as a legal possibility that gives people the right to refuse duty, which is contrary to the general principles of doctrine and morals of the Church. This does not mean the right to disregard the laws of the country, but to enable the individual to comply with the laws of the State and avoid compromising their conscience at the same time.

Conscientious objection is in the interests of the individual and of the state which aims to be pluralistic, democratic and respectful of the rule of law. It enables citizens to enjoy the right to freedom of conscience and religion, which is one of the core values ​​of  society. In particular the effects of conscientious objection should extend to the inviolability of human life from conception to natural death and also related health services. Its effects should also extend to the field of teaching on sexual morality in public school, marriage as a life community of one man and one woman and the exercise of freedom of religion in public life, particularly through the use of religious symbols.

In health care the right to conscientious objection doesn’t belong only to doctors but also to other professional personnel (eg. nurses, psychologists, social workers). In particular, it must be possible in the following procedures: abortion, euthanasia, artificial insemination, research and organ transplants, as has been shown by Prof. Eva Grey, of St. Elisabeth University of Health and Social Work (Bratislava). However, conscientious objection may not outweigh the duty of medical personnel to protect or save human lives.

Other fundamental points underlined during the meeting were:

  • the fact that nowadays a new dimension of conscientious objection arises with respect to aggressive promotion of gender ideology through education and antidiscrimination legislation;
  • the need to bear in mind the role of ethics code in healthcare;
  • the need to promote the institutional aspects of conscientious objection: not just individuals but also institutions (hospitals, schools) should be allowed to object;
  • the role of families in creating conditions for conscientious objection;
  • and finally, the fact that Freedom of conscience inevitably provides awareness and recognition of the fundamental values ​​of society and of individuals. The States together with the civil societies, Churches and religious communities should cooperate in accordance with the principle of subsidiarity. This principle is particularly promoted by the social teaching of the Catholic Church.

On the afternoon of Thursday 5 March participants moved to Vienna. There, they visited the European Union Agency for Fundamental Rights (FRA). Then, they were introduced to the challenges for Church organisations in the current discussion on development of antidiscrimination laws by Ms Gudrun Kugler, President of the Observatory on Intolerance and Discrimination against Christians in Europe.  In the Austrian Capital they also met with Mgr. Janusz Urbańczyk and Mgr. Marinko Antolović from the Holy See’s Permanent Mission at the Organization for Security and Co-operation in Europe (OSCE).

Through a video recorded address from Judge Marta Cartabia, Vice President of the Italian Constitutional Court, participants were also introduced to the theme of freedom of expression. The Church strongly defend this fundamental right being aware, however, that nowadays freedom of expression, especially when it concerns the religious dimension of people, might need a reasonable accommodation between the State and religious communities. In case of conflict, experiences show that a better regulation of this right is reached where a Concordat – Agreement between the State and the Church has been established. Bilateral Agreement, in fact, remains the more reasonable solution in a pluralistic society preserving this pluralism without provoking the annulment of the differences or creating homologation.

In Bratislava, participants took also note on the recent redefinition of marriage in Slovenia and supported together with Slovenians bishops the efforts of civil society to overrule the complete assimilation of same-sex unions with the different-sex ones by the people in a referendum.

The final session saw a reflection followed by a dialogue with Msgr. Paul Gallagher, Secretary for the Relations with States (Holy See’s Secretariat of State) on The challenges for today’s Church in Pope Francis’ addresses to the European Parliament and the Council of Europe. Msgr. Gallagher stressed Pope Francis’ reflection on the need that we should rebuild “a Europe which contemplates the heavens and pursues lofty ideals”.

At the end of the meeting José Jesus López Nieto, legal adviser of the Spanish Bishops’ Conference, presented the conclusion of a short questionnaire that CCEE disseminated earlier this year. According to the responses received, it is important that CCEE fosters this network of Legal Advisers and to engage more with the specific invitation that Pope Francis has addressed to CCEE in Stasbourg to follow more deeply the activities of the Council of Europe, with the help of the Permanent Mission of the Holy See to the Council of Europe, represented during the meeting by Mgr. Paolo Rudelli, its Permanent Observer.

CPSS undermines, Supreme Court of Canada affirms conscience rights for Saskatchewan doctors

News Release

Christian Medical Dental Society of Canada

SASKATOON, March 6, 2015 /CNW/ – Several Saskatchewan physicians, including Dr. Amos Akinbiyi, Dr. Philip Fitzpatrick, and Dr. Randy Friesen, released a letter and legal brief (see below), today, describing how the conscience rights of Saskatchewan doctors are undermined by the College of Physicians and Surgeons of Saskatchewan (CPSS) draft policy on requirements for physicians and surgeons and upheld by the Supreme Court of Canada’s recent decision on assisted suicide in Carter, et al.

Said Dr. Philip Fitzpatrick, “In the recent Carter decision from the Supreme Court, they made explicit reference to conscience rights, and that physicians could not be forced to participate in an abortion or euthanasia. But the CPSS’s draft policy would require me to make a formal referral to another physician where my conscience would not permit me to do those procedures, and could require me to do it myself.”

The letter and brief (see below) were initiated by physicians who are members of the Christian Medical and Dental Society of Canada (CMDS) and the Canadian Federation of Catholic Physicians’ Societies (CFCPS).

CPSS is circulating a draft policy that would require physicians and surgeons to make a formal referral of patients to a physician or surgeon who would be willing to perform the legally permissible and publicly funded health services, irrespective of conscience rights. If another physician were not available to perform the service, the physician would be required to provide the service, whether or not performing the service conflicted with conscience.

“The CPSS seems to be creating conflicts between medical doctors’ conscience rights and patient care unnecessarily. No doctors concerned about conscience rights would put their patients’ health and well-being in jeopardy. I find that patients are very appreciative of my concern for their health and of my outlining all the options and alternatives for treatment,” said Dr. Friesen.

In their letter to CPSS and the accompanying legal brief, the Saskatchewan doctors outlined their concerns with the draft policy and how a few amendments to it would provide the conscience rights protections upheld by the Court.

“Saskatchewan is a dynamic province with a growing population. Saskatchewan needs physicians, especially General Practitioners. GPs would be most affected by the CPSS policy. Our province will have a hard time keeping and recruiting GPs to serve communities where they would be required by the policy as now drafted to make care decisions they believe will harm patients,” added Dr. Akinbiyi.

CMDS represents more than 1600 physicians, surgeons and dentists across Canada and CFCPS is a national association of Catholic physicians’ guilds, associations and societies from eleven cities across Canada.

Letter: http://goo.gl/nKi6JN and the Legal Brief: http://goo.gl/Nf3Bp7.

SOURCE Christian Medical and Dental Society of Canada

For further information: Larry Worthen, (902) 880-2495

Uniform coercive policy urged for all Canadian physicians

Project submission to the Saskatchewan College of Physicians discloses details

News Release

Protection of Conscience Project

The Protection of Conscience Project has charged that a controversial policy proposed by the College of Physicians and Surgeons of Saskatchewan is unjustified.

The policy, Conscientious Refusal, will require all Saskatchewan physicians who object to a procedure for reasons of conscience to facilitate the procedure by referring patients to a colleague who will provide it, even if it is homicide or suicide.

The Project noted that the burden of proof was on the policy’s supporters to prove that the policy is justified and that no less oppressive alternatives are available.  “They failed to do so,” states the submission. “The policy should be withdrawn.”

“Conscientious Refusal fails to recognize that the practice of medicine is a moral enterprise, that morality is a human enterprise, and that physicians, no less than patients, are moral agents” said the Project, describing the policy as “profoundly disrespectful of the moral agency of physicians.”

Using documents provided by the College, the Project’s submission traces the origin of the policy to a meeting in 2013. The meeting was apparently convened by the Conscience Research Group (CRG), activist academics whose goal is to compel physicians unwilling to provide morally contested procedures like abortion or euthanasia to refer patients to someone willing to do so. They presented a coercive model policy that had been drafted to achieve that goal.

According to a CPSS memo, College attendees included Saskatchewan Associate Registrar Bryan Salte, Dr. Gus Grant, Registrar of the College of Physicians and Surgeons of Nova Scotia, Andréa Foti of the Policy Department of the College of Physicians and Surgeons of Ontario and a representative of the Collège des Médecins du Québec. They agreed upon a text virtually identical to the CRG model.

In May, 2014, Bryan Salte proposed the policy to Registrars of the Colleges of British Columbia, Alberta, Manitoba and Ontario, who, he reported, agreed to review it and consider implementing it. He later urged all of the Registrars of Colleges of Physicians in Canada to adopt the coercive policy or one very like it, noting that “physician assisted suicide, in particular” would be present a challenge for administrators.

“Any College that is an outlier, either because it has adopted a different position than other Colleges, or because it has not developed a policy, will potentially be placed in a difficult position,” he warned.

The CPSS memo discloses that, unbeknownst to physicians, officials in several provinces have been making plans behind closed doors to suppress freedom of conscience in the medical profession.

“One of the disturbing aspects of the story,” notes the submission, “is what appears to be a pattern of concealment, selective disclosure, and false or misleading statements that all serve the purpose of supporting the policy.”

The Project’s most recent submission to the College of Physicians and Surgeons of Ontario identifies a similarly troubling pattern, describing briefing materials supplied to College Council in support of its controversial policy as “not only seriously deficient, but erroneous and seriously misleading.”

Project Submission to the College of Physicians and Surgeons of Saskatchewan (2015)

Project Submission to the College of Physicians and Surgeons of Ontario (2015)