Ontario and Manitoba: A Tale of Euthanasia and Assisted Suicide in Two Provinces

News Release

Catholic Civil Rights League

Toronto, ON May 23, 2017 – How can governments in two provinces come to such opposite conclusions?

As assisted suicide spreads its nefarious presence across the country, provincial governments in two provinces have moved in opposite directions when it comes to recognition of the Charter right of freedom of conscience and religion of healthcare professionals in dealing with the practice.

In Ontario, on May 9, two days prior to the March for Life in Ottawa, Bill 84 passed at third reading 61-26. The new law received royal assent on May 10, and the self-reporting regime of assisted suicide has now been enacted, without any additional provision for clarification of conscience rights of doctors or healthcare workers. In thousands of letters and petitions, and despite the significant majority of in person submissions to the legislative committee studying the bill, the enshrinement of clear conscientious protections was denied.

Last week, a private members bill from Ontario MPP Jeff Yurek, to stipulate such conscience recognition, likewise faced defeat at the hands of the ruling provincial Liberal government.

This same government will send its lawyers next month to oppose a court challenge of the rulings of the College of Physicians and Surgeons of Ontario (CPSO), which enacted a requirement that objecting physicians provide an effective referral to patients seeking death, or other morally repugnant treatment demands.

In Manitoba, Health Minister Kelvin Goertzen introduced Bill 34 on May 16, legislation to provide for assisted suicide in that province, with specific provisions to protect doctors and healthcare professionals from having to participate, or refer, or face disciplinary proceedings for exercising their rights to conscience. “The legislation will protect the rights of those who do not wish to participate in a medically assisted death for conscience, faith or other reasons,” he told the legislative assembly.

The proposed Manitoba bill allows for an individual to be protected from disciplinary or employment repercussions for refusing to participate in assisted suicide requests, in full recognition of the importance of the personal convictions of the healthcare provider. Bill 34 further prohibits a provincial regulatory body from requiring healthcare professionals from participating in assisted suicide.

The Ontario law also suppresses data collection regarding medically assisted suicides, a position opposed by the Privacy Commissioner of Ontario, and the CCRL, in the legislative committee hearings.

Several doctors who presented their positions at the Ontario legislative committee made absolutely clear their opposition to the imposition that assisted suicide would have on their practices, in particular those involved in palliative care. The experience of other jurisdictions has shown that demands for pain management, or palliative care resources, decrease when assisted suicide becomes an available course of action.

We now observe that when it comes to conscience rights, Ontario stands alone in greasing the wheels of assisted suicide requests.

About the CCRL

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

Victory for Vermont health professionals after pro-suicide group drops appeal

Compassion & Choices withdraws appeal of court decision that affirmed pro-life physician groups aren’t mandated to counsel, refer for assisted suicide

News Release

Alliance Defending Freedom

RUTLAND, Vt. – A pro-suicide group has dropped its appeal of a federal court’s decision which affirmed that a Vermont law can’t be interpreted to require pro-life health professionals to counsel or refer patients for assisted suicide. As a result, the U.S. Court of Appeals for the 2nd Circuit officially dismissed the appeal Monday, thus ending the case.

The withdrawal of the appeal by Compassion & Choices leaves in place a consent agreement between physician groups and the Vermont Attorney General’s office, which agreed that the court was correct in deciding that the state’s Act 39 does not force conscientious professionals to ensure all “terminal” patients are informed about the availability of doctor-prescribed death.

“Vermont health care workers just want to act consistently with their reasonable and time-honored convictions without fear of government punishment,” said ADF Senior Counsel Steven H Aden, who argued before the U.S. District Court for the District of Vermont in November of last year in Vermont Alliance for Ethical Healthcare v. Hoser. “Conscientious Vermont healthcare professionals are in agreement with the state that the law doesn’t force them to participate in this heinous process, and they are pleased that the nation’s foremost advocate of assisted suicide, Compassion & Choices, has abandoned its effort to force them to do so.”

Alliance Defending Freedom attorneys and ADF-allied attorney Michael Tierney represent the Vermont Alliance for Ethical Healthcare and the Christian Medical and Dental Association, groups of medical professionals who wish to abide by their oath to “do no harm.”

Act 39, Vermont’s assisted suicide bill, passed with a very limited protection for attending physicians who don’t wish to dispense death-inducing drugs themselves, but state medical licensing authorities construed a separate, existing mandate to counsel and refer for “all options” for palliative care to include a mandate that all patients hear about the “option” of assisted suicide. For that reason, the groups representing pro-life health professionals filed suit.

The court ruled that the groups lacked a legal right to bring the lawsuit because the law actually doesn’t force them to act contrary to their conscience—a finding that Compassion & Choices initially opposed. The dismissal of the appeal leaves Vermont healthcare professionals free to “do no harm” without fear of retaliation for their pro-life views.


Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

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Additional resources: Vermont Alliance for Ethical Healthcare v. Hoser

Scroll down to view additional resources pertaining to this case and its surrounding issue.
Tuesday, May 23, 2017

Previous news releases:

  • 2017-04-05: Vt. health professionals planning next legal steps after decision on conscientious objection to providing suicide info
  • 2016-11-07: Health professionals to court: Don’t allow Vermont to force us to help kill patients
  • 2016-09-26: Health professionals ask court to stop Vermont from forcing them to help kill patients
  • 2016-07-20: Vermont health professionals: Don’t force us to help kill our patients

 

Linking Healthcare Access to Conscience Freedoms, Christian Medical Association Hails Presidential Executive Order

News Release

Christian Medical Association

WASHINGTON, May 4, 2017 /Standard Newswire/ — Citing the link between patient access to healthcare and conscience freedom for health professionals, the 18,000-member Christian Medical Association (CMA, www.cmda.org) today expressed gratitude for President Trump’s executive order that begins to provide stronger protections against discrimination against individuals and organizations of faith.

“Protecting religious freedom means protecting the millions of individuals served by organizations and professionals who are motivated and guided by the tenets of their faith,” explained Dr. David Stevens, CEO of the 85-year-old nonpartisan organization of Christian doctors and students. “The faith that compels so many health professionals to minister to patients in underserved areas and populations is the same faith that compels us to practice according to moral and ethical guidelines. Conscience freedoms are the foundation of our service.

“When the government refuses to accommodate those faith principles, or–as we experienced in the previous administration’s contraceptives and transgender mandates–attempts to coerce people of faith to violate those principles, those who suffer include the poor, the marginalized and the vulnerable.”

Represented by Becket Law, the Christian Medical Association recently successfully challenged the Obama administration’s transgender mandate. Represented by Americans United for Life, CMA filed an amicus brief in the contraceptives mandate Supreme Court case, Zubik v. Burwell.

CMA also worked to help establish the nation’s first health professionals’ conscience protection rule, promulgated in 2008 by the U.S. Department of Health and Human Services. The Obama administration subsequently gutted the conscience rule and also attempted to force faith-based organizations to participate in morally objectionable contraceptives such as Plan B and the morning-after pill.

“We are grateful for this executive order that begins to turn the tide back toward freedom of faith and speech, including political speech. Americans do not give up their First Amendment protections when they speak from the pulpit, counsel their patients or minister in a faith-based outreach to help the poor,” Dr. Stevens observed. “Threatening the First Amendment freedoms of any one group threatens the First Amendment freedoms of all of us, and protecting those freedoms protects us all.”

Contact: Margie Shealy, Christian Medical Association, 888-230-2637, 423-341-4254 mobile, margie.shealy@cmda.org

MPP Yurek introduces private member’s bill to protect conscience rights

News Release

For immediate release

Jeff Yurek

QUEEN’S PARK – This morning Ontario PC Health Critic MPP Jeff Yurek (Elgin-Middlesex-London), introduced his private member’s bill that would amend the government’s medical assistance in dying (MAID) legislation to protect the conscience rights of health care providers.

Yurek’s bill, An Act to amend the Regulated Health Professions Act, 1991 with respect to medical assistance in dying, will make participation in MAID voluntary. The amendments will allow health care professionals to refuse to directly or indirectly participate in MAID if it violates their conscience or religious beliefs, without facing discipline from their regulatory college.

“There are ways for the government to ensure access to MAID while not infringing on freedom of conscience,” stated Yurek. “Provinces such as Alberta have proposed a self-referral system that respects patient wishes while not infringing on freedom of conscience. These are basic rights we have in Canada that the Liberals are ignoring. Not only did they Liberals omit protection of conscience rights in their legislation, they voted against Ontario PC amendments that would have addressed this important issue.”

“Only the PCs have continued to stand beside our doctors, nurses, and other health care professionals.  They should under no circumstances should be forced to participate in medical assistance in dying. It is my hope that the Liberal members will support my Bill to protect the rights of health care professionals across our province.” concluded MPP Jeff Yurek

The bill will be debated on May 18, 2017.

CONTACT: Whitney McWilliam
P: 226-448-6741
E: whitney.mcwilliam@pc.ola.org

CLF, EFC and ACBO Form Coalition in Physicians’ Conscience Case

News Release

For immediate release

Christian Legal Fellowship, Evangelical Fellowship of Canada, Assembly of Catholic Bishops of Ontario

The Christian Legal Fellowship (CLF), The Evangelical Fellowship of Canada (EFC), and the Assembly of Catholic Bishops of Ontario (ACBO) have filed a joint factum with the Ontario Divisional Court in the physicians’ conscience case: Christian Medical and Dental Society (CMDS) v. College of Physicians and Surgeons of Ontario (CPSO).

The CPSO has adopted (1) a Human Rights Policy mandating effective referrals and obligatory emergency care even if it conflicts with conscience or religious beliefs; and (2) a Medical Assistance in Dying Policy that specifically requires effective referrals for euthanasia and assisted suicide. The “effective referral” requirement imposed by the CPSO mandates referral for all procedures and pharmaceuticals including euthanasia, assisted suicide and abortion, despite any conscientious or religious objection the physician may have.

The joint interveners support the CMDS in its position that, among other things, these policies violate religious freedom, freedom of conscience and equality, are not in the public interest, limit patient choice and undermine the principle of state neutrality. Derek Ross, CLF’s Executive Director & General Counsel (co-counsel to the joint interveners along with CLF Legal Counsel Deina Warren), explains:

Forcing physicians to participate in the purposeful and premature ending of a patient’s life contrary to their convictions is truly unconscionable. The Supreme Court’s decision in Carter allows room for conscientious objectors in the practice of medicine, and their freedoms must be robustly protected. In the same way, patients should be free to seek health care from professionals whose ethical framework reflects their own convictions, including those related to the value of human life. It is difficult to comprehend how it could possibly be in the ‘public interest’ to expect patients to receive health care from professionals who have been required by their regulatory body to abandon their core ethical convictions.

The interveners’ joint factum points to a comprehensive definition of religious freedom that informs the very understanding of human life, its beginning and end, the inherent value and dignity of each person and the moral considerations involved in ending another’s life. Religion cannot be compartmentalized or restricted to the performance of sacred rituals but includes outward expression and impacts all aspects of a believer’s life. Bishop Ronald Fabbro, President of the ACBO and Bishop of London, explains:

For Christians, adherence to Biblical teaching is not an optional exercise but a necessary, inescapable requirement of their faith. If one holds sincere religious beliefs which inform one’s view about human nature, morality and eternity, one is not free to temporarily disregard or suspend those beliefs in order to act contrary to them. The state cannot demand physicians or other healthcare professionals set aside the moral framework that guides their conduct, just as it cannot coerce believers to renounce their faith.

The joint submission explains that physicians’ Charter rights to religious belief, conscience and equality are not erased simply because they practice in a regulated profession. These rights exist to protect physicians against the power of the state, in this case the CPSO. Protecting physicians’ Charter rights allows patients to choose medical professionals whose ethical framework aligns with their own, and enhances patients’ interests by protecting physicians’ professional judgment, which is an inseparable combination of ethical and clinical assessments.

The submission also explains that there is no competing patient Charter right to health care, let alone euthanasia or assisted suicide. Decriminalizing euthanasia and assisted suicide does not create a “right to euthanasia or assisted suicide”. Even if such a right existed, there is nothing to demonstrate that protecting conscience inhibits access.

The policies violate physicians’ equality rights and violate the principle of state neutrality, which means welcoming and accepting religious individuals in the public sphere. The Charter ought to protect diversity, not enforce conformity. Bruce Clemenger, EFC President explains:

Physicians, like all Canadians, ought not to be excluded from the public sphere or their vocation because of their religious beliefs and practices. The state in a religiously diverse and secular society has the obligation to welcome and accept religious individuals in the public sphere. It must respect religious differences, not seek to extinguish them. Requiring individuals to renounce, deny or hide their beliefs is not state neutrality, but coerced conformity. This is contrary to the principles we value in a free and democratic society.

The CLF-EFC-ACBO factum can be read in full here.

The joint interveners will present oral arguments before the court during the three-day hearing, which is scheduled for June 13-15, 2017.

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For additional information or an interview, please contact:

Rick Hiemstra, Director of Media Relations
The Evangelical Fellowship of Canada
MediaRelations@theEFC.ca
613-233-9868 x332

Ruth A.M. Ross, Special Advisor
Christian Legal Fellowship
ramross@christianlegalfellowship.org
519-208-9200

Neil MacCarthy
Director, Public Relations & Communications
Archdiocese of Toronto
neilm@archtoronto.org
416-934-3400 x552