Category: Lawsuits

Christian doctors’ group says new college policy infringes on freedom of conscience

Christian Medical and Dental Society seeks protection from a College of Physicians rule requiring doctors to refer patients seeking abortions and, once it’s legal, euthanasia.

Toronto Star

Lauren Pelly

With physician-assisted suicide on the horizon, the Christian Medical and Dental Society of Canada is asking the Ontario Superior Court to declare that a new regulatory policy infringes upon doctors’ freedom of conscience.

The society, which represents close to 1,700 members, filed documents in court on Friday regarding the CPSO’s Professional Obligations and Human Rights policy that was announced on March 6. The policy means doctors who refuse to refer patients for services on religious and moral grounds, including abortions, could face discipline from their regulating body. . . [Full Text]

 

Lawyers to UN: Forcing nurses to assist abortions violates international law

 Parallel meeting in Geneva on 12 March

News Release

Alliance Defending Freedom

ADF International will hold a parallel event at the 28th session of the United Nations Human Rights Council in Geneva Thursday to call upon European nations to respect the fundamental right to freedom of conscience within the medical profession. Two ADF International lawyers will speak at the event and will be available for media interviews.

ADF International, in coalition with Scandinavian Human Rights Lawyers, will urge the UN Human Rights Council and the international community at large to confront the lack of protections for freedom of conscience in several European countries. Although this fundamental human right is protected under international and European human rights law, a growing trend – particularly within the medical profession – is to override it. As a result, doctors, nurses, and midwives are being fired for refusing to perform or partake in abortion procedures.

“No one deserves to  be denied a job simply because they are pro-life,” said Ruben Navarro, ADF International’s director of UN Advocacy-Geneva, who will speak at the event. “International law makes it clear that being pro-abortion cannot be a requirement for employment, nor can medical facilities force nurses and midwives with a conscience objection to assist with practices that can lead to an abortion.”

At the event, Ruth Nordström, president of Scandinavian Human Rights Lawyers and lead counsel in the case Grimmark vs. Jönköping City Council, will discuss the lack of conscience protections under Swedish law.

“Sweden has failed to develop a comprehensive and clear regulation that defines and regulates conscientious objection at the workplace, in particular for health care providers,” Nordström explains. “Swedish medical workers are being reprimanded, repositioned, fired, and put at a disadvantage in other ways as well. Their freedoms under international treaties are being violated.”

“Willingness to commit an abortion cannot be a litmus test for employment,” added ADF International Senior Legal Counsel and Director of UN Advocacy Paul Coleman. “Medical clinics and hospitals need to respect the desire and conviction of a midwife or nurse to protect life – a desire that led Ellinor Grimmark and others like her to pursue the profession in the first place.”

CMDS Canada plans legal challenge to new Ontario College of Physicians policy

Note:  The following message has been sent to members of the Christian Medical Dental Society of Canada concerning the decision of the College of Physicians and Surgeons of Ontario to enact a policy that demands that physicians facilitate procedures to which they object for reasons of conscience by referring patients to a non-objecting colleague or agency.  It is reproduced here with permission.

We received the disappointing news today that the CPSO has passed their policy “Professional Obligations and Human Rights”. We ask that all members across the country join in prayer and ask our Lord to have mercy on us and to act to undo this policy that tramples on the constitutional freedoms of doctors of conscience.

We have already been in discussion with our lawyer Albertos Polizogopoulos who has been asked to prepare an application in court to have the policy struck down because it runs contrary to the Canadian Charter of Rights and Freedoms.

We are planning a press conference in Toronto to launch this court challenge in the next two weeks and we sincerely hope this stops other colleges from following suit. We know that Saskatchewan has a similar policy up for consideration, and other provinces might be considering this. We need to act quickly to try to stop other provinces from taking this step. Bryan Dias, national president of the Canadian Federation of Catholic Physician’s Societies has indicated that his organization will join in the application as well and other groups are also welcome.

We will be making a solicitation of members for this cause next week. We will be preparing to move legally in Saskatchewan as well if we are not successful with the Saskatchewan College.  We are going to try to raise $150,000 for this project. $25,000 has already been raised from the CMDS Canada Board of Directors alone. The money raised will also go towards a public awareness campaign and towards the development of a database of supporters.

Three doctors have come forward to be named in the court application in Ontario. We would encourage other Ontario doctors who feel strongly about this matter to come forward and allow their names to stand as well.  For more information, contact Larry at lworthen@cmdscanada.org

Many doctors are concerned about what to do in their practice now that the policy has been passed. We will be asking Albertos for his advice on this and will get back to you on this with a note very shortly.

One of the things we could consider is to try to get before the court quickly to ask that the policy be suspended until it gets before a judge, to hear the merits of the case.

One thing is for sure – please do not give up hope. We have a good legal strategy and alot of people pulling for us. There were over 16,000 submissions to CPSO on this issue and it has been reported that most were in favour of conscience rights generally. Most importantly, we have a God who is looking out for us and who wants us to continue His healing ministry. Let us keep each other in prayer and let us ask our respective congregations and parishes to pray for us as well.

Let’s not worry – because we know that the Lord has a plan.

Larry Worthen BA, MA (Th.), LLB
Executive Director
Christian Medical and Dental Society of Canada
Cell: (902) 880-2495

National Office:
1-197D Main Street  Steinbach MB R5G 1Y5 Phone: 204-326-2523
Fax: 204-326-3098 Toll Free:  1-888-256-8653 Website: www.cmdscanada.org

American Civil Liberties Union: referral for abortion not good enough

Sean Murphy*

The American Civil Liberties Union (ACLU) is suing a Washington state public hospital district, claiming that it is failing to provide medical and surgical abortions.  In fact, the hospital district provides both, but refers patients to other facilities for abortion when they cannot be provided in one of the district hospitals because of conscientious objection to the procedure by staff.  It thus appears that the ACLU is not content with forcing facilities to refer for abortion, but intends to force them to provide the procedure despite conscientious objection by physicians and health care workers.  [Reuters]

 

Midwives left with £300,000 legal bill after abortion conscience fight

Catholic Universe

The Catholic midwives who fought against being involved with terminations are facing a six-figure legal bill after the Supreme Court ruled against them.

The Society for the Protection of Unborn Children (SPUC), the anti abortion charity that backed the pair’s battle to be considered conscientious objectors, said it plans to raise funds to help with costs, which are estimated to be as much as £300,000. . . [Full Text]