Open letter to all the Members of Provincial Parliament of Ontario on conscience rights

News Release

Canadian Conference of Catholic Bishops

An open letter has been sent to the members of Ontario’s Provincial Parliament by His Eminence Thomas Cardinal Collins, Archbishop of Toronto, together with a number of other religious leaders, asking the Government of Ontario to enshrine into law the protection of conscience rights for health-care practitioners in Ontario who refuse to participate in the administering of euthanasia. The open letter was released on 27 March 2017 with respect to provincial Bill 84 (Medical Assistance in Dying Statute Law Amendment Act). The Coalition of HealthCARE and Conscience have also developed a resource which explains the current problem with Ontario’s proposed euthanasia legislation and the lack of conscience protection rights.

The Ontario Government’s Standing Committee on Finance and Economic Affairs held a public hearing on this matter this past 23 March. Cardinal Collins, the Most Reverend Ronald P. Fabbro, Bishop of London and President of the Assembly of Catholic Bishops of Ontario, and Dr. Moira McQueen, Director of the Canadian Catholic Bioethics Institute, were present during the hearing and provided an oral presentation advocating for conscience rights. Several doctors and nurses were also present advocating for legislation to protect conscience rights.

The Archdiocese of Toronto released a video today of Cardinal Collins explaining the moral issues at hand in relation to conscience rights in Ontario and Bill 84.


Link to the resource by the Coalition of HealthCARE and
Conscience (PDF)

Project comment on Quebec euthanasia statistics

News Release

For immediate release

Protection of Conscience Project

LifeSite News has published an article concerning Quebec euthanasia statistics collated by the Project.

During the interview that led to the publication of the article, the Project Administrator expressed concern that a significant increase in the volume of cases in the last half of 2016 could increase pressure on physicians and other health care workers who do not wish to participate in the procedure.  Such pressure was generated across Canada by the exponential increase in the number of abortions following liberalization of the abortion law in 1969, from under 300 in eleven years[1] to over 11,000 in the first year after the change in the law.[2]  The number of euthanasia and assisted suicide cases in the first year of legalization seems unlikely to exceed 20%  of that number, but this is still sufficient to warrant concern about pressure on objecting health care workers.

The statistical returns disclose some wide differences between different regions or reporting agencies, and sometimes between reporting agencies in the same administrative region.  For example: the number of euthanasia requests per 100,000 population is reported to be much higher in the Quebec City area than in the rest of the province, while the number of euthanasia requests per 100,000 palliative patients reported in Lanaudiere and Laval is much higher than in the Montreal Region.  Euthanasia is reported to be provided per 100,000 population in the Quebec City area at a rate three times that of Montreal.

The Administrator explained that the statistics were primarily useful in raising important questions about the reasons for such variations or trends, such as differences in the quality or accessibility of palliative care or the nature of patient illnesses.

Note

1. Waring G. “Report from Ottawa.” CMAJ Nov. 11, 1967, vol. 97, 1233 (Accessed 2016-06-15).

2. In 1970, the first year under the new rules, there were more than 11,000. In 1971 there were almost 39,000. “Therapeutic abortion: government figures show big increase in ‘71.” CMAJ May 20, 1972, Vol. 106, 1131 (Accessed 2016-06-15)

[Release revised 2017-03-14]

Protection of Conscience Project to intervene in lawsuit against state medical regulator

News Release

For immediate release

Protection of Conscience Project

The Protection of Conscience Project has been granted joint intervener status in a constitutional challenge to policies of the College of Physicians and Surgeons of Ontario.

The Project is intervening jointly with the Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance (FFA) in a lawsuit against the College launched by Ontario physicians and national physician organizations.

The joint intervention will defend freedom of conscience in the face of demands by the Ontario College of Physicians that physicians who refuse to kill patients or help them kill themselves must send them to a colleague willing do so.

“Unlike the CCRL and the FFA, the Project does not take a position on the acceptability of euthanasia or assisted suicide,” said Sean Murphy, Project Administrator.

“However, all three groups agree that those who object to the practices for moral, ethical or religious reasons should not be forced to provide or collaborate in them.”

The intervention will attempt to assist the court in defining a principled approach to the nature and scope of freedom of conscience.

Federal government policy a factor

The deliberate decision of the federal government to support coerced participation in homicide and suicide contributed to the Project’s decision to intervene.

“The federal government knew full well that the Ontario College was threatening to punish physicians who refuse to be parties to euthanasia and assisted suicide when it introduced Bill C-14 to set the groundrules for the procedures,” said Murphy.

“It could have prevented coercion by exercising its jurisdiction in criminal law. It could have made it a crime to force someone to be a party to homicide or suicide. It was repeatedly asked to do so. It steadfastly refused.”

Instead, Murphy said, “the Government of Canada chose to enable coercion, and to defend its support for coercion as ‘cooperative federalism.’”1

In contrast, the Project insists upon a foundational principle of democratic civility: that no one and no state institution may compel unwilling citizens to be parties to killing other people. Neither the state nor its agents nor others in positions of power and influence can legitimately order unwilling citizens to become parties to homicide and suicide, and punish them if they refuse.

The case is currently set for a hearing in mid-June.

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


Notes

  1.  Minister of Justice Jody Wilson-Raybould, House of Commons Debates, Vol. 148, No. 055, 1st Session, 42nd Parliament, 13 May, 2016, p. 3312 (10:55)

Important legal action: 18 women’s health organizations sue Illinois Gov. Rauner

Illinois Pregnancy Resource Centers Sue Governor for First Amendment Violations:  State Law Compels Staff to Refer for Abortions Despite Religious Objections

News Release

Thomas More Society

(February 10, 2017 – Chicago) Eighteen Illinois women’s health organizations are suing Governor Bruce Rauner over Illinois’ new law forcing pro-life doctors and pregnancy resource centers to discuss abortion benefits and refer pregnant women for abortions despite their conscience-based opposition to abortion.

The controversial SB 1564, which amended the Health Care Right of Conscience Act effective January 1, 2017, has left Illinois’ over 90 not-for-profit pregnancy resource centers with little choice but to file suit seeking a judicial determination that the law unconstitutionally abridges their free speech and interferes with their religious beliefs.

The Thomas More Society filed for injunctive relief this week on behalf of 18 of the centers, citing violations of multiple rights under the Constitution of the State of Illinois. It filed an action on behalf of two others late last week, The Women’s Centers of Greater Chicagoland and Hope Life Center in Sterling, Illinois. Some of the centers have been forced to stop medical services, which include pregnancy tests, sonograms, and STD testing, until the legal issues are resolved.

Thomas Olp, Attorney for the Thomas More Society, observed, “This law targets pro-life pregnancy centers, which do not refer for abortion, and whose pro-life mission is to advise clients of alternatives to abortion. The new law requires these pro-life centers, and only them, to discuss ‘benefits’ of abortion with their clients and to name abortion providers upon request. This is the essence of forced government speech prohibited by the free speech provisions of our federal and state constitutions. The First Amendment equally protects the right to speak and not to speak. The government cannot show a compelling reason for this requirement since information about abortion is readily available from all sorts of public and private sources.

It is as easy to find the location of an abortion clinic as to find our clients’ pregnancy resource centers. Moreover, the law is content-based and viewpoint-discriminatory, meaning it applies to a certain type of speech, and targets only conscience-based objectors, but leaves all others free from regulation. Its intent really is to directly interfere with pro-life pregnancy centers that have aided many thousands of pregnant women over the years learn that abortion is not the only choice in a problem pregnancy, and that adoption and parenting are not only healthier choices for the mother but avoid the tragedy of abortion, which kills an unborn child. In my view, the law is nefarious and pernicious in its targeting of pro-life physicians and pregnancy resource centers.”

The lawsuit, filed in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, charges Governor Rauner and his Secretary of the Illinois Department of Financial & Professional Regulation, Bryan Schneider, with several constitutional violations resulting from enacting SB 1564. The Plaintiffs advance claims under the free speech, religious liberty, due process, and equal protection clauses of the state constitution.

Those abuses include infringement of the following rights:

The Constitution of the State of Illinois’ guarantee that, “All persons may speak, write, and publish freely.” The Plaintiffs’ freedom of speech is abridged when the state compels them to discuss treatment options and disclose abortion providers to which they possess sincerely-held religious objections.

The statute is vague and therefore violates constitutional due process because it does not give fair notice to a person of common intelligence as to what it requires. Rather, one must guess as to its meaning.

The statute denies plaintiffs equal protection of the laws in that it targets a class of conscience-based objectors but does not regulate health care providers who do not have conscience-based objections.

The law interferes with the Illinois Constitution’s guarantee of free exercise of religion. Article I, Section 3 guarantees “the free exercise and enjoyment of religious profession and worship, without discrimination.”

The Illinois Religious Freedom Restoration Act protects Illinoisans’ free exercise of religion. SB 1564 substantially burdens the plaintiffs’ exercise of religion.

Mary Strom, Executive Director of The Women’s Centers, which has three sites in the Chicago area, stated that the organization’s success is directly tied to its Catholic identity, even while it serves women of all faiths. “I credit the success we have had in helping women to the power of prayer,” she shared. “Everything comes from that.”

Hope Life Center in Sterling, Illinois, was founded by Laura Petigoue and her husband, Mark. “It was after I learned about the devastation that abortion brings that we dedicated ourselves to addressing the needs of women experiencing unplanned pregnancies and providing loving, Christ-centered alternatives,” recalled Petigoue, who is greatly saddened by Illinois’ adoption of this law she calls, “monstrously prejudicial.” Debbie Case, the Executive Director of Hope Life Center, noted, “For over 30 years, Hope Life Center has been the only organization in our community dedicated to providing women with the education and medical services they need to make informed decisions about unwanted pregnancies. Now we have had to suspend all our medical services because this new law mandates us to serve these women in a way that is harmful to them and to their unborn children. We’re seeking relief from this law so we can get back to doing what we do best, taking care of vulnerable women in our community.”

Mr. Olp also observed, “Most of our Plaintiffs have literally spent decades helping women by providing information about alternatives to abortion (parenting and adoption), thereby helping to empower and encourage them to recognize that a choice for life for their unborn child is much preferable to abortion both for them and for their unborn babies. The new law strikes at the Plaintiffs’ faith-based ability to render effective assistance to pregnant women about child bearing and child rearing by requiring them to substitute a secular government-sponsored message totally at odds with their faith position. The government is not permitted constitutionally to do this, in our view.”

The Pregnancy Resource Centers filing suit this week were:

ABIGAIL WOMEN’S CLINIC, Mendota;
CHOICES PREGNANCY AND HEALTH, Charleston;
CORBELLA CLINIC, South Elgin;
FAMILY LIFE CENTER, INC., Effingham;
FIRST STEP WOMEN’S CENTER, Springfield;
FREEPORT PREGNANCY CENTER, Freeport;
HOPE LIFE CENTER, INC., Sterling;
LIGHTHOUSE PREGNANCY CENTER, Vandalia;
NEW LIFE PREGNANCY CENTER, Decatur;
OPTIONS NOW, Godfrey;
PREGNANCY INFORMATION CENTER, Aurora;
PREGNANCY RESOURCES, Moline;
PREGNANCY RESOURCE CENTER, Rushville;
SOUTHSIDE PREGNANCY CENTER, INC., Oak Lawn;
SPOON RIVER PREGNANCY RESOURCE CENTER, Canton;
THE WOMEN’S CENTERS OF GREATER CHICAGOLAND, Chicago;
WATERLEAF WOMEN’S CENTER, Aurora and Bolingbrook;
WE CARE PREGNANCY CENTER, DeKalb.

Link to the above filing here.

Read the Verified Complaint for Declaratory and Injunctive Relief, filed February 2, 2017, in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, in the case, The Women’s Centers of Greater Chicagoland, a not-for-profit Illinois corporation, and Hope Life Center, Inc., a not-for-profit Illinois corporation v. Bruce Rauner, in his official capacity as Governor of State of Illinois, Bryan A. Schneider, in his official capacity as Secretary of the Illinois Department of Financial & Professional Regulation, in his official capacity here.


The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago and Omaha, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.

 

Health professionals to court: Don’t allow Vermont to force us to help kill patients

 News Release

Alliance Defending Freedom

RUTLAND, Vt. – Alliance Defending Freedom Senior Counsel Steven H. Aden and ADF-allied attorney Michael Tierney will be available for media interviews Tuesday following a federal court hearing in a health care professionals’ lawsuit against Vermont officials in two state agencies. The medical professionals are asking the court to stop those agencies from forcing physicians and other health care workers to help kill their patients while their lawsuit proceeds and are asking the court to reject the agencies’ request to dismiss the lawsuit.

ADF attorneys and 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.”

“The government shouldn’t be telling health care professionals that they must violate foundational medical ethics in order to practice medicine,” said Aden, who will argue before the court Tuesday. “Because the state has no authority to order them to act contrary to that reasonable and time-honored conviction, we are asking the court to allow this lawsuit to proceed and to ensure that no state agency is able to force them to violate their ethics while this lawsuit moves forward.”

The state agencies, the Board of Medical Practice and the Office of Professional Regulation, are reading the state’s assisted suicide law to require health care professionals, regardless of their conscience or oath, to counsel patients on doctor-prescribed death as an option. Although 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, state medical licensing authorities have 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.

As the brief in support of the requested motion for preliminary injunction in Vermont Alliance for Ethical Healthcare v. Hoser explains, “Vermont’s Act 39 makes the State the first and only one to mandate that all licensed healthcare professionals counsel terminal patients about the availability and procedures for physician-assisted suicide, and refer them to willing prescribers to dispense the death-dealing drug. Act 39 coerces professionals to counsel patients about the ‘benefits’ of assisted suicide—benefits that Plaintiffs’ members do not believe exist—and in addition stands in opposition to a federal law protecting healthcare professionals who cannot participate in assisted suicide for conscientious reasons.”

“Because Plaintiffs’ attempts to repeal or amend the law have proven futile, and enforcement is imminent,” the brief continues, “Plaintiffs…[ask] for a preliminary injunction enjoining Defendants from enforcing the provisions of Act 39…and its incorporated statutes…against their members for declining to counsel or refer patients diagnosed with ‘terminal conditions’ on the availability of physician-assisted suicide.”


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