Category: News Releases

Canadian court rules that state can compel participation in homicide and suicide

News Release

For immediate release

Protection of Conscience Project

Three judges of the Ontario Superior Court of Justice Divisional Court have unanimously ruled that, notwithstanding religious convictions to the contrary, Ontario  physicians can be forced to help patients access any and all services and procedures, including euthanasia and assisted suicide.

“In the end,” observed Project Administrator Sean Murphy,  “the ruling effectively gives the state the power to compel citizens to be parties to homicide and suicide, even if they believe it is wrong to kill people or help them kill themselves.”

The Protection of Conscience Project jointly intervened in the case with the Catholic Civil Rights League and Faith and Freedom Alliance on the issue of freedom of conscience.  The court acknowledged the submission, but explicitly limited its ruling to the exercise of freedom of religion.  It did not address freedom of conscience.

The court approved the reasoning of the College of Physicians and Surgeons of Ontario, the state medical regulator.  The College argued that “physicians must be prepared to take positive steps to facilitate patient access” to euthanasia and assisted suicide, and that there is “no qualitative difference” between euthanasia and “other health services.”

With respect to options of objecting physicians, the court observed that they are free to change their field of practice in order to avoid moral conflicts.  The judges added that those who fail to do so are to blame for any psychological distress they might experience if compelled to violate their convictions.  It appears that they were unconcerned that this might further reduce the number of family and palliative care physicians, noting that there was “no evidence” that coercive policies would adversely affect physicians “in any meaningful numbers.”

Dr. Shimon Glick, advisor to the Project and Professor Emeritus of the Faculty of Health Sciences at Ben Gurion University of the Negev in Israel, described the ruling as “sad.”  Commenting on the decision, Project Advisor Professor Roger Trigg of Oxford said, “once the perceived interests of the State override the moral conscience of individuals  – and indeed of professionals- particularly in matters of life and death, then we are treading a slippery slope to totalitarianism.”

“Even the first steps- that may not seem important to some,” he warned, “are taking us in that direction.”

Professor Trigg’s warning was echoed by Professor Abdulaziz Sachedina, a leading Islamic scholar and philosopher who also serves on the Project Advisory Board.  Professor Sachedina asked, “Are we  going to submit to “totalitarian ethics” reflected in such court decisions, making suicide a tempting option without any regard to conscientious objection?”

The decision concluded legal proceedings launched jointly by five Ontario physicians, the Christian Medical and Dental Society of Canada, Canadian Physicians for Life, and the Canadian Federation of Catholic Physicians’ Societies.  They are considering the possibility of appeal.

Contact:
Sean Murphy, Administrator
Protection of Conscience Project
E-mail: protection@consciencelaws.org

The Protection of Conscience Project is a non-profit, non-denominational initiative that advocates for freedom of conscience in health care. The Project does not take a position on the morality or acceptability of morally contested procedures. Since 1999, the Project has been supporting health care workers who want to provide the best care  for their patients without violating their own personal and professional integrity. 

 

 

Ontario court ruling “a significant loss for the entire health care system”

News Release

FOR IMMEDIATE RELEASE

CMDS, CFCPS, CPFL

Toronto, Ontario – From June 13-15, 2017, the legal application of three physicians’ organizations – the Christian Medical and Dental Society of Canada (“CMDS Canada”), the Canadian Federation of Catholic Physicians’ Societies (“CFCPS”) and the Canadian Physicians for Life – and five physicians – was heard in the Ontario Divisional Court. The respondent in the case is the College of Physicians and Surgeons of Ontario (CPSO).

An application was filed asking the Court to declare that portions of the CPSO’s Professional Obligations and Human Rights policy violate the Canadian Charter of Rights and Freedoms. An application for judicial review was simultaneously filed asking the Court to declare the same of the CPSO’s Medical Assistance in Dying policy.

Today, January 31, 2018, the Court declared that these CPSO policies violate freedom of religion by requiring physicians and surgeons to make referrals when their consciences will not allow them to perform a procedure or treatment. The Court stated, (at para. 87): “I am of the opinion that the Policies infringe the rights of religious freedom of the Individual Applicants as guaranteed under the Charter …”

However, the Court found that the violations were justified because of the importance of providing access to these services.

“The Court held that other jurisdictions had chosen less restrictive means of ensuring access. The Court also held that there was no evidence that conscientious objection ever results in a failure of access. The Court also held that the implications for physicians were serious and more than trivial or insubstantial. We are left wondering why an effective referral is necessary,” Larry Worthen, Executive Director of the Christian Medical and Dental Society of Canada said.

“Canada represents itself on the world stage as being a cultural mosaic. This is evidence that we are losing sight of that reality. To say we respect all cultures and beliefs, we need to respect their strongly held moral convictions. We heard from our members and other doctors with conscientious objections over and over again that they felt referral made them complicit and that they wouldn’t be able to live with themselves or stay in the profession if effective referral is still required. We are currently reviewing our options regarding an appeal.”

“This is a disappointing decision and puts our doctors – doctors who entered the field of medicine to provide quality, compassionate, and patient-centered care – in an impossible position,” states Dr. Ryan Wilson, President of Canadian Physicians for Life. “They don’t believe ending a patient’s life is medicine, and they don’t believe they can offer hope and healing in one room while assisting in killing a patient in another. Ultimately it is patient care that suffers, as our doctors will retire early, relocate, or change fields. For many, their religious and conscience rights are being violated and they won’t be able to practice medicine in Ontario. This is a significant loss for the entire health care system in the province and will have a direct impact on patient care.”

The CFCPS is very disappointed with this decision from this Ontario Court that denies conscience rights to many Ontario physicians. “The Canadian Charter of Rights and Freedoms guarantees freedom of religion for all Canadians,” stated Dr. Jim Lane, President of the CFCPS. “This decision forces many Ontario doctors to be unable to care for their patients. This decision also raises alarm bells to all health care workers and Ontario residents that their freedom of religion and conscience could also be jeopardized.”

CMDS Canada is a national association of Christian doctors and dentists who strive to integrate their Christian faith with medical or dental practice. CMDS Canada represents approximately 1600 medical doctors, dentists and medical and dental students, over 500 of which are located in Ontario.

The CFCPS is a national association of Catholic physicians’ guilds, associations and societies from eleven cities across Canada, four of which are in Ontario.

The physicians represented by CMDS Canada and CFCPS hold sincere religious and moral beliefs that form the basis of their moral or religious objection to physician-assisted death.

The Canadian Physicians for Life (“CPL”) is a national association of pro-life physicians, retired physicians, medical residents and students. CPL’s members are dedicated to building a culture of care, compassion and life. CPL was founded in 1975 and is a non-religious charitable organization. CPL’s members believe that every human life, regardless of age or infirmity, is valuable and worth protecting.

For more information and media requests contact:

Larry Worthen, Executive Director
Christian Medical and Dental Society of Canada
902-880-2495 (cell)
office@cmdscanada.org

Divisional Court Accepts Religious and Conscientious Infringement on Ontario Doctors

News Release

Catholic Civil Rights League

TORONTO, ON January 31, 2018 – The Catholic Civil Rights League (CCRL) is gravely disappointed in the ruling released today by the Ontario Divisional Court in the case CMDS et al v. CPSO.

The application was brought by several religious physicians and groups to challenge the mandate of the College of Physicians and Surgeons of Ontario (CPSO), that requires doctors who object to certain procedures on religious or conscientious grounds, such as assisted suicide, to provide nevertheless, an “effective referral” to another physician or caregiver who would perform the service.

The court upheld the policy that requires life affirming physicians to act against their religion and conscience.

It is an alarming development which places Ontario doctors at the risk of professional complaints for refusing to make such referrals.

While finding that the CPSO policies were in breach of the constitutional right to freedom of religion (the court declined to make a ruling on freedom of conscience given its assessment), it found that the policy choice of the CPSO engaged a “reasonable limit” on the exercise of such freedoms.  Speaking on behalf of the three-member panel, Mr. Justice Wilton-Siegel asserted that the CPSO limit on such rights, while not trivial, did not create a substantial infringement, even if it meant forcing a physician to violate one’s conscience, to accommodate his or her practice choices, even to the extent of stepping aside from certain practice areas.

The CCRL has maintained that the CPSO’s insistence on obligating Ontario physicians to perform an “effective referral” for objectionable procedures does nothing to honour the Charter right of freedom of conscience and religion. Rather it is a breach of a physician’s rights and a serious incursion into the professional standing of a physician.

A proper balancing of the rights of physicians with the concept of patient autonomy must not result in the trumping of the rights of physicians in their medical practices.  Such rights extend not only to refusing to perform assisted suicide and euthanasia, but the right not to be obliged to refer to other practitioners who may be willing to provide such services. This clearly constitutes participation in wrong.

According to a recent statement from the John Paul II Academy for Human Life and the Family:

“Seeking to impose on a doctor the duty to perform abortions or euthanasia (or, alternatively, to leave the medical profession or a given hospital), or to impose on him the duty to refer a woman to an abortionist, is gravely sinful and a direct violation of his inalienable human dignity and freedom of conscience.”

“The same also applies to the case where a prolife physician is claimed to be obliged to refer a patient (who requests physician-assisted suicide or euthanasia) to a colleague who would perform such acts.  Not only is the prolife physician not obliged to refer a patient to a colleague who would perform intrinsically wrong acts, he is also absolutely morally forbidden to do so,” they continue.

Speaking to the fallacy of the imposition of personal autonomy on others, “One can hardly imagine a worse perversion of moral truth and natural right than the idea that a person has a right to demand that other persons commit the crime to murder him. Nobody has any right whatsoever to demand from society to assist him to commit a crime against himself, or to oblige others to commit the crime of murdering him.”

“Quite the contrary, the others and the State, in virtue of their true moral autonomy, a moral autonomy subjected to the truth, have the absolute moral duty to reject such a request.”

The CCRL asserted in our legal argument, and relying upon previous authorities, that in a free and democratic society, the state should respect choices made by individuals and, to the greatest extent possible, will avoid subordinating these choices to any one conception of the good life.

Demanding that someone participate in perceived wrongdoing demands the submission of intellect, will and conscience, reducing the person to the status of a thing, to a tool to be used by others, to servitude that cannot be reconciled with principles of equality. It is an assault on human dignity that deprives physicians of their essential humanity.

The court missed an opportunity to require the CPSO to create a policy that would recognize that doctors have different views of what proper accompaniment of vulnerable patients entails.  Many patients not only share the views of the appellants, but also desire to be served by physicians who hold such views. Such doctors care deeply about their patients, and do not wish to be engaged in “referring” patients to their unnatural deaths.

The court instead accepted the arguments of the CPSO and has given its approval to a policy that serves to infringe upon the rights of such physicians.  Such an infringement is by no means insubstantial.

An appeal is required.

About the CCRL

The Catholic Civil Rights League (CCRL)) assists in creating conditions within which Catholic teachings can be better understood, cooperates with other organizations in defending civil rights in Canada, and opposes defamation and discrimination against Catholics on the basis of their beliefs. The CCRL was founded in 1985 as an independent lay organization with a large nationwide membership base. The CCRL is a Canadian non-profit organization entirely supported by the generosity of its members.

For further information: Christian Domenic Elia, PhD CCRL Executive Director 416-466-8244 @CCRLtweets

HHS Announces New Conscience and Religious Freedom Division

News Release

For immediate release

U.S. Department of Health and Human Services

Today, the U.S. Department of Health and Human Services (HHS) is pleased to announce the formation of a new Conscience and Religious Freedom Division in the HHS Office for Civil Rights (OCR).  The announcement will take place at an event at HHS headquarters from 10:30 a.m. to noon.  It will be livestreamed here. Speakers will include Acting Secretary Eric D. Hargan, House Majority Leader Kevin McCarthy, Representative Vicky Hartzler, Senator James Lankford, OCR Director Roger Severino, and special guests.

The Conscience and Religious Freedom Division has been established to restore federal enforcement of our nation’s laws that protect the fundamental and unalienable rights of conscience and religious freedom.  OCR is the law enforcement agency within HHS that enforces federal laws protecting civil rights and conscience in health and human services, and the security and privacy of people’s health information.  The creation of the new division will provide HHS with the focus it needs to more vigorously and effectively enforce existing laws protecting the rights of conscience and religious freedom, the first freedom protected in the Bill of Rights.

OCR already has enforcement authority over federal conscience protection statutes, such as the Church, Coats-Snowe, and Weldon Amendments; Section 1553 of the Affordable Care Act (on assisted suicide); and certain federal nondiscrimination laws that prohibit discrimination on the basis of religion in a variety of HHS programs.

OCR Director Severino said, “Laws protecting religious freedom and conscience rights are just empty words on paper if they aren’t enforced. No one should be forced to choose between helping sick people and living by one’s deepest moral or religious convictions, and the new division will help guarantee that victims of unlawful discrimination find justice. For too long, governments big and small have treated conscience claims with hostility instead of protection, but change is coming and it begins here and now.”

Acting HHS Secretary Hargan said, “President Trump promised the American people that his administration would vigorously uphold the rights of conscience and religious freedom.  That promise is being kept today. The Founding Fathers knew that a nation that respects conscience rights is more diverse and more free, and OCR’s new division will help make that vision a reality.”

Contact: Office for Civil Rights
202-774-3009
arina.grossu@hhs.gov

To learn more about the new Conscience and Religious Freedom Division, visit us at www.hhs.gov/conscience.

To file a complaint with OCR based on a violation of civil rights, conscience or religious freedom, or health information privacy, visit us at https://www.hhs.gov/ocr/complaints.

Physician, expert in Jewish medical ethics joins Protection of Conscience Project Advisory Board

News Release

For immediate release

Protection of Conscience Project

Professor Shimon Glick, MD,  of the Faculty of Health Sciences, Ben Gurion University of the Negev, Beer Sheva, Israel, has joined the Protection of Conscience Project Advisory Board.

Professor Glick was born in Brooklyn in 1932 and received his medical training in the United States, specializing in internal medicine and endocrinology. He immigrated to Israel in 1974 to become a founding member of the Faculty of Health Sciences (FOHS) at Ben Gurion University of the Negev and head of the Internal Medicine Department at Soroka Medical Center. He and his colleagues instituted the practice of “early clinical exposure,” insisting that students meet patients in their first week at medical school, even before beginning traditional academic studies. “The students don’t just treat patients. They talk to them and learn what it’s like to be sick,” he explains. Students also take their medical or Hippocratic oath when they begin their studies, rather than taking the oath when they finish.

Professor Glick became chair of Israel’s first Internal Medicine Division and served as Dean of the FOHS between 1986 and 1990. During his tenure, he played a key role in formulating the admissions process for medical students – a process based not only on achievements but also the candidates’ character. Professor Glick headed the Prywes Center for Medical Education and the Jakobovits Center for Jewish Medical Ethics, two domains that were assigned a central role in the professional education of students in the Faculty. He was also instrumental in the instruction on doctor-patient communications for first year medical students. In addition, Professor Glick has served as ombudsman for Israel’s Ministry of Health. He is widely recognized as an expert in medical ethics, with a particular focus on Jewish medical ethics, and is at the forefront of the efforts to bring a Jewish perspective to bear on the most important issues of modern bioethics.

In 2014, in recognition of his contributions to medical education and practice, Professor Glick received a Lifetime Achievement Award as part of the Nefesh B’Nefesh Bonei Zion Awards. The award recognizes outstanding Anglo Olim – veteran and recent – who encapsulate the spirit of modern-day Zionism by contributing in a significant way towards the State of Israel.

Professor Glick is blessed with 46 grandchildren and (at last count) 77 great grandchildren.  He continues to teach at the Joyce and Irving Goldman Medical School and the Medical School for International Health (MSIH).  [Faculty Profile]