Report on physician-assisted dying gives attention to key issues; critical matters still to be addressed with federal legislation

A Statement from Dr. Cindy Forbes, President of the Canadian Medical Association

News Release

Canadian Medical Association

OTTAWA, Feb. 25, 2016 /CNW/ – The Canadian Medical Association (CMA) is pleased to see physician input reflected in a number of recommendations released today in the report of the Special Joint Committee on Physician-Assisted Dying.

In particular, the CMA welcomes the recommendation to re-establish a secretariat on palliative and end-of-life care and to implement a pan-Canadian palliative care strategy with dedicated funding. We are also pleased to see the recommendation for the development of a pan-Canadian strategy to improve quality of care and services received by individuals living with dementia.

While there is much to praise in this report, it does fall short on the issue of respecting a physician’s right to conscientious objection. As the government moves forward in drafting legislation, we must focus on ensuring effective access while also respecting different views of conscientious objection. Both can be achieved. While not addressed by this report, a central mechanism to coordinate access must be a key part of the solution.

The doctors of Canada hope that the recommendations outlined in today’s report will result in a consistent approach across provinces, including federally-coordinated reporting and oversight. In particular, we are dedicated to finding a solution, in partnership with legislators and regulators, that ensures patients have effective access to the service should they need it, no matter where they live.

–Dr. Cindy Forbes, President of the Canadian Medical Association

For further information: mediainquiries@cma.ca, 613-806-1865


The Canadian Medical Association (CMA) is the national voice of Canadian physicians. Founded in 1867, the CMA is a voluntary professional organization representing more than 83,000 of Canada’s physicians and comprising 12 provincial and territorial medical associations and over 60 national medical organizations. CMA’s mission is helping physicians care for patients. The CMA will be the leader in engaging and serving physicians and be the national voice for the highest standards for health and health care.

 

SOURCE Canadian Medical Association Report on physician-assisted dying gives attention to key issues; critical matters still to be addressed with federal legislation

 

Archbishop alarmed at erosion of respect for life

Report fails to reflect witnesses’ call for palliative care, conscience rights

News Release

Roman Catholic Archdiocese of Vancouver

VANCOUVER (Feb. 25, 2016) – The leader of the Catholic community in the Lower Mainland called the joint Senate-Commons committee report on assisted-suicide “deeply disappointing.”

Archbishop J. Michael Miller said “Canadians, especially those dying or suffering from illness, deserve better. It’s alarming how easily suicide is being offered and respect for life eroded.”

Miller pointed out a serious omission in the report. “Where is the plan for protecting the Charter rights of Canadians who don’t want to participate in causing patients to die?” he asked. “Many health-care workers believe strongly in saving lives and ending suffering—but not in ending lives. Canadians from many ethical traditions just won’t be able to go along with this. Where is there room for them in medical care? No one can ethically be forced to take part in causing their patient to die. New laws need to ensure their Charter rights are protected as well.”

The Archbishop said he was troubled that the committee disregarded the testimony of so many witnesses who had called for conscience protection for health-care workers and institutions.

The report also fails to make palliative care the high priority many witnesses called for. “Unfortunately the report treats palliative care almost as an afterthought. It’s dismaying that a committee would propose assisted suicide as a ‘choice’ to people who are suffering. Without a real, effective, alternative, what kind of free choice is that?”

He said the committee appeared to have made its preference for assisted suicide clear from the start by choosing the euphemism “medical assistance in dying.” “Doctors have always assisted people who are dying,” he said. “What we are talking about here is medically causing the patient to die.”

He urged Justice Minister Jody Wilson-Raybould to reject the report, to acknowledge the numerous sincere objections in the dissenting portion of the report, and to draft legislation taking into account the testimony of the many witnesses who brought forward concerns about implementing assisted suicide in Canada.

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Paul Schratz Communications Director
communications@rcav.org
604-683-0281

College of Physicians and Surgeons of Ontario decided results of consultation before it started

College decided that physicians must refer for euthanasia/assisted suicide at least a month before consultation began

News Release

Protection of Conscience Project

The College of Physicians and Surgeons of Ontario (CPSO) decided by the first week of November, 2015, that it will force Ontario physicians who refuse to kill patients or help them commit suicide to find someone willing to do so.  The decision was made a month before the College began a public consultation purporting to solicit input on that and other questions related to euthanasia and assisted suicide.

The decision was revealed in the Report of the Federal External Panel consultations on euthanasia and assisted suicide, released today.

When College representatives appeared before the Panel in Toronto between 2 and 6 November, they told the Panel  “that physicians who object to physician-assisted dying requests have a positive obligation to make an effective referral.”

An effective referral, as described by the Ontario College, is a referral made in good faith to a non-objecting available and accessible physician, other health care professional, or agency. The College noted that the medical community has an obligation to ensure access and that conscientious objection should not create barriers.” (p. 100)

“The Protection of Conscience Project submission was made on 10 January, said Sean Murphy, Project Administrator.

“Two days later, the Canadian Medical Association made an excellent submission rejecting the proposal of  ‘effective referral’,” he added.

“Many people responded in good faith to the College’s invitation to participate in the consultation,” said Murphy.  “But it seems that public consultations about College policy are an expensive and time-consuming charade.”

Last year, College officials wrote the final version of the CPSO policy demanding “effective referral” for morally contested procedures a month before the consultation closed. About 90% of 9,000 submissions on the subject were received after the final version had been written.

Ontario physicians unwilling to kill patients must help find someone who will

 College of Physicians and Surgeons demands “effective referral” for euthanasia, assisted suicide

For immediate release

Protection of Conscience Project

The College of Physicians and Surgeons of Ontario has quietly issued a directive that physicians who, for reasons of conscience or religion, are unwilling to kill patients or help them commit suicide, must help them find someone willing to do so.

The requirement appears in the policy Planning for and Providing Quality End-of-Life Care, approved in September by College Council:

8.3 Conscientious Objection

Physicians who limit their practice on the basis of moral and/or religious grounds must comply with the College’s Professional Obligations and Human Rights policy.

A note explains that limiting practice includes refusals to “provide care” (i.e., kill patients or assist with suicide.)

The College’s policy, Professional Obligations and Human Rights , demands that physicians who are unwilling to provide procedures for reasons of conscience or religion must make “an effective referral to another health-care provider,” which is defined as “a referral made in good faith, to a non-objecting, available, and accessible physician, other health-care professional, or agency.”

As a result of the demand for “effective referral,” Professional Obligations and Human Rights is the subject of a legal challenge filed by the Christian Medical and Dental Society and the Canadian Federation of Catholic Physicians’ Societies.  Among other things, the suit alleges actual bias or a reasonable apprehension of bias on the part of the working group that developed the policy.

Professional Obligations and Human Rights was approved by College Council in March, 2015, despite overwhelming opposition to the demand for “effective referral” that was evident in the returns during the public consultation.  The College issued a statement with the policy to the effect that it did not apply to euthanasia or assisted suicide.  It promised to revisit the issue after Parliament or the provincial legislature enacted laws in response to the Supreme Court of Canada decision in Carter v. Canada.

“It was obvious at the time that this was an ingenuous tactic that they hoped would defuse opposition to the policy, at least among Council members” said  Protection of Conscience Project Administrator, Sean Murphy.  “This development simply confirms the obvious.”

Doctors’ Group urges Canadian Medical Association to defend conscience rights on assisted death

News Release

Christian Medical and Dental Society of Canada

HALIFAX, Aug. 24, 2015 /CNW/ – Larry Worthen, Executive Director of the Christian Medical and Dental Society of Canada (CMDS), urged the Canadian Medical Association (CMA), today, to support their members’ freedom of conscience when they meet on Tuesday, August 25th, to consider the CMA’s position on assisted death and conscience rights.

Said Larry Worthen, “Many physicians have moral convictions that will not allow them to participate in medical aid in dying. There should be no discrimination against a physician for her refusal to participate in medical aid in dying for moral or conscience reasons. That is why the Christian Medical and Dental Society of Canada urges the Canadian Medical Association to adopt the third option being presented to them by CMA staff: that physicians have a ‘duty to provide complete information on all options and advise on how to access a separate, central information, counselling and referral service.'”

The Canadian Medical Association will be discussing a policy framework called “Principled Based Approach to Assisted Dying in Canada” at their general council meeting in Halifax on August 25th. Section 5.2 of this document deals with physician conscience protection and assisted death. CMA staff will present four options for dealing with conscientious objection, and delegates will be polled on which option should be included in official CMA policy.

All options deal with the situation in which a physician is not able, for reasons of conscience, to participate in physician-assisted death. The four options are:

  1. Duty to refer directly to a non-objecting physician;
  2. Duty to refer to an independent third party;
  3. Duty to provide complete information on all options and advise on how to access a separate, central information, counselling, and referral service; or
  4. Patient self-referral to a separate central information, counseling, and referral service.

Options ‘1’ and ‘2’ require the objecting physician to refer. Many physicians will have moral convictions that assisted death is never in the best interests of the patient, while others may object to assisted death because of the particular circumstances of the patient. A referral is essentially a recommendation for the procedure, and facilitates its delivery. A requirement to refer means that physicians will be forced to act against their consciences.

Option ‘4’ allows the patient to directly access assisted death, but does not necessarily provide an opportunity for counseling by a physician who has a longer term relationship with the patient.

“Option ‘3’ allows the discussion of all options to occur with the patient and the physician who knows them. If, after considering all of the options, the patient still wants assisted death, the patient may access that directly. This option ensures that all reasonable alternatives are considered. It respects the autonomy of the patient to access all legal services while at the same time protecting physicians’ conscience rights,” added Mr. Worthen.

Option ‘3’ is a summary of a proposal submitted to the CMA by three organizations: the Christian Medical and Dental Society, the Canadian Federation of Catholic Physician Societies, and Canadian Physicians for Life. Taken together, they represent more than 3000 Canadian physicians.

CMDS (Christian Medical and Dental Society) represents some 1600 physicians and dentists across Canada.

See the complete CMDS-CFCPS-CPFL- proposal to the CMA