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)

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“I love my work,” Coelho confesses. “I love being a doctor. I love helping people and being with them — trying to find solutions for them.”

Her practice is heavily slanted to marginalized patients. Her waiting room is full of refugees, ex-cons, the poor. Many of her patients are on permanent disability. . . . [Full text]

 

Bill raises questions about delicate balance of doctor and patient rights near life’s end

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Arizona PBS

Saundra Wilson

PHOENIX – “Please don’t ask me to do that,” Dr. Paul Liu, a pediatric critical-care physician, said to grieving parents who had asked him to quietly end their child’s life.

Liu said he was frank with the parents, who wanted to put a stop to their sons’s suffering from a terminal illness. He advised them not to pursue an early death for their child because it’s not something they would want on their conscience.

“In their pain and suffering they wanted to end it much more quickly than natural courses would take,” said Liu, who recalled the story as he spoke in favor of Senate Bill 1439 at a Senate health and human services committee meeting this week.

Some support the bill to shield health care providers from retaliation or discrimination if they deny an ailing patient’s wishes to avoid expansive medical measures or, as the bill reads, end their life early, such as by “assisted suicide, euthanasia or mercy killing.”

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Ottawa has seen 28 people take their life with the help of a doctor since legislation came into force.

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Ryan Tumilty

Since new legislation came into place last year, 28 people in Ottawa have ended their lives with the help of a physician.

Advocates say the new legislation, which came into force last June, is taking  a toll on some doctors, who are finding it difficult to help patients who want to die. . . .

Jeff Blackmer, vice-president for medical professionalism at the Canadian Medical Association, said doctors have been telling his group that they struggle with taking part in assisted-death procedures. . ..  [Full text]

 

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