Category: Publications

Protection of Conscience Project publications

Project asks Canadian MPs, Senators to stop coercion in homicide, suicide

News Release

For Immediate Release

Protection of Conscience Project

“If it is ‘unacceptable’ for Members of Parliament to use physical force against each other, surely it is “unacceptable” for state institutions or others to use the force of law to compel people to be parties to inflicting death upon others, and to punish those who refuse.”

That is the message over 400 Canadian Members of Parliament and Senators returning to Ottawa will find on their desks in a letter from the Protection of Conscience Project.  The letters began to arrive Friday morning and should be waiting for MPs and Senators returning to Parliament to resume sitting on Monday.

The Project is proposing an amendment to the government’s Bill C-14, which is intended to allow medical and nurse practitioners to provide euthanasia and assisted suicide in accordance with the ruling of the Supreme Court of Canada in Carter v. Canada (Attorney General).

“Writing directly to individual legislators is a very unusual step,” said Sean Murphy, Administrator of the Protection of Conscience Project.  The letter was sent because of the gravity of the issue, and because the Project’s submission on Bill C-14 – like many others – was not distributed to members of the Standing Committee on Justice and Human Rights before it concluded its deliberations on the bill.

“Ironically, perhaps,” states the letter, “what the Protection of Conscience proposes is not a protection of conscience amendment.”

“Instead, the amendment is limited to the criminal law, which is strictly and fully within the jurisdiction of the Parliament of Canada.”

In making the argument that the criminal law should prohibit coerced participation in homicide and suicide, the letter refers to the conduct of Prime Minister Justin Trudeau the House of Commons on 18 May, which caused an uproar in the House and delayed debate on Bill C-14.

“The delay caused by the Prime Minister has made it possible to make this one last effort to reach legislators,” said Murphy, “and his conduct has enabled the Project to make its point in a very practical way.”

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Contact:
Sean Murphy, Administrator
protection@consciencelaws.org

Lettre aux Députés et Sénateurs, Parlement du Canada

Re: Loi C-14 (aide médicale à mourir)

[Adressées individuellement]

Au nom de notre organisation, le Projet pour la Protection de la Conscience, je vous écris au sujet du projet de loi C-14. Notre organisation était un intervenant dans l’affaire Carter à la Cour suprême du Canada. On ne prend pas de position sur l’acceptabilité de l’euthanasie ou le suicide assisté.

Notre organisation a présenté un mémoire au Comité permanent de la justice et des droits avant la date limite, mais (parmi plusieurs d’autres) il n’a pas été distribué aux membres du Comité avant qu’ils ont conclu leurs délibérations. Compte tenu de cela, le temps alloué et de la gravité du sujet, il a été décidé d’écrire directement aux députés et aux sénateurs.

Ci-joint l’amendement au projet de loi C-14 proposé par notre organisation. Ironiquement, nous ne proposons pas un amendement pour la protection de conscience . . .

La modification proposée établirait que, en matière de droit et de la politique publique nationale, personne ne peut être obliger de devenir partie à l’homicide ou de suicide, ou puni ou défavorisé pour avoir refusé de le faire. . .

Lettre

Letter to Members of Parliament and Senators, Parliament of Canada

Re: Bill C-14 – An Act to amend the Criminal Code (medical assistance in dying)

[Individually addressed]

On behalf of the Protection of Conscience Project I am writing to you concerning Bill C-14. The Project was an intervener in the Carter case at the Supreme Court of Canada. It does not take a position on the acceptability of euthanasia or assisted suicide.

The Project submitted a brief to the Standing Committee on Justice and Human Rights by the deadline, but (like many others) it was not distributed to Committee members before they concluded their deliberations. In view of this, the time constraints and the serious nature of the subject, it was decided to write directly to Members of Parliament and Senators.

. . . Enclosed is the amendment to Bill C-14 proposed by the Project. Ironically, perhaps, what the Protection of Conscience proposes is not a protection of conscience amendment. . . .The proposed amendment would establish that, as a matter of law and national public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so. . .
Project Letter

Project proposes amendment to Canadian euthanasia/assisted suicide bill to stop coercion, intimidation

Amendment to Bill C-14 to prevent coerced participation in inflicting death

News Release
For immediate release

Protection of Conscience Project

The Protection of Conscience Project has proposed an amendment to Bill C-14 to prevent coercion, intimidation or other forms of pressure intended to force citizens to become parties to homicide or suicide.  The amendment is set out in a submission to the Standing Committee on Justice and Human Rights.

Bill C-14 is the bill proposed by Canada’s Liberal government to implement the 2015 decision of the Supreme Court of Canada in Carter v. Canada (Attorney General. It will legalize assisted suicide and euthanasia administered by medical an nurse practitioners.  However, the Bill as introduced does nothing to prevent intimidation and coercion of objecting health care workers to force them to participate in or facilitate the procedures by referral or similar means.

The Project’s proposed amendment is an addition that does not otherwise change the text of  Bill C-14. Nor does it touch the eligibility criteria proposed by Carter, nor the criteria or procedural safeguards recommended by the Special Joint Committee or Provincial-Territorial Expert Advisory Group.  It simply establishes that, as a matter of law and Canadian public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so.

The Protection of Conscience Project does not take a position on the acceptability of euthanasia or physician assisted suicide or the merits of legalization of the procedures. The Project’s concern is to ensure that health care workers who object to providing or participating in homicide and suicide for reasons of conscience or religion are not compelled to do so or punished or disadvantaged for refusal.

“Coercion, intimidation or other forms of pressure intended to force citizens to become parties to homicide or suicide is both an egregious violation of fundamental freedoms and a serious threat to society that justifies the use of criminal law,” states the submission.

“Other countries have demonstrated that it is possible to provide euthanasia and physician assisted suicide without suppressing fundamental freedoms.  None of them require ‘effective referral,’ physician-initiated ‘direct transfer’ or otherwise conscript objecting physicians into euthanasia/assisted suicide service.”

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

Submission to the Standing Committee on Justice and Human Rights(Parliament of Canada)

Re: Bill C-14 – An Act to amend the Criminal Code (medical assistance in dying)

I.    Introduction
I.1     The Protection of Conscience Project does not take a position on the acceptability of euthanasia or physician assisted suicide or the merits of legalization of the procedures. The Project’s concern is to ensure that health care workers who object to providing or participating in homicide and suicide for reasons of conscience or religion are not compelled to do so or punished or disadvantaged for refusal.

I.2    The arguments supporting this submission are more fully set out in the Project’s submission to the parliamentary Special Joint Committee.

II.    Coerced complicity in homicide and suicide
II.1     Carter should not be understood to mean that a learned or privileged class, a profession or state institutions can legitimately compel people to be parties to homicide or suicide – and punish them if they refuse.

II.2     This is not a reasonable limitation of fundamental freedoms, but a reprehensible attack on them and a serious violation of human dignity.  From an ethical perspective, it is incoherent.  From a legal and civil liberties perspective, it is profoundly dangerous.

II.3     Other countries have demonstrated that it is possible to provide euthanasia and physician assisted suicide without suppressing fundamental freedoms.  None of them require “effective referral,” physician-initiated “direct transfer” or otherwise conscript objecting physicians into euthanasia/assisted suicide service.

III.    Criminal legislation
III.1     By virtue of the subject matter of Bill C-14 (homicide and suicide), the federal government has jurisdiction in criminal law.

III.2     The use of criminal law is justified to prevent and to punish particularly egregious violations of fundamental freedoms that also present a serious threat to society, such as unlawful electronic surveillance, unlawful confinement and torture.

III.3     Coercion, intimidation or other forms of pressure intended to force citizens to become parties to homicide or suicide is both an egregious violation of fundamental freedoms and a serious threat to society that justifies the use of criminal law.  For this reason, the Project proposes an amendment to Bill C-14, set out in Appendix “A.”

III.4      The proposed amendment is an addition that does not otherwise change the text of  Bill C-14. Nor does it touch the eligibility criteria proposed by Carter, nor the criteria or procedural safeguards recommended by the Special Joint Committee or Provincial-Territorial Expert Advisory Group.  It simply establishes that, as a matter of law and national public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so.

Appendix “A” – Proposed Amendment