Category: Canada

Physicians seek leave to appeal Ontario court ruling against physician freedom of conscience

Introduction

Physicians and physician associations are seeking leave to appeal a decision of the Ontario Divisional Court to the effect that physicians must collaborate in providing procedures and services to which they object for reasons of conscience, even if that means collaborating in euthanasia and assisted suicide.  The appeal will be costly.  Faye Sonier, Chief Executive Office of one of the associations that brought the challenge, has issued a plea for donations to support the appeal by Canadian Physicians for Life, the Christian Medical and Dental Society, and the Canadian Federation of Catholic Physicians’ Societies.

Plea for donations to support the appeal of the Ontario Divisional Court decision

The time has come to further our fight to defend the conscience rights of doctors in Ontario. I’m asking you to support our efforts in this fight by making a donation today. 

As you know, the College of Physicians and Surgeons of Ontario (CPSO) decision was released on January 31. The court found the religious freedom rights of Ontario doctors are significantly violated by the CPSO’s policies, but that those violations can be justified to ensure patient access to healthcare. 

After lengthy consultation with the parties involved in our legal coalition and with over a dozen constitutional lawyers, we’ve decided to request permission from the Ontario Court of Appeal to appeal the decision.

We are pursuing an appeal as the decision was troubling and problematic on many fronts. We have numerous grounds of appeal from which to choose and we will narrow our focus in the coming days.

This is an important step in a process:

  • to ensure that policies that serve only to restrict the constitutional freedoms of physicians do not go unchallenged;
  • to dissuade other provinces from acting similarly;
  • and to communicate that patient access to healthcare is not hindered by maintaining the respect for conscientious objectors in the medical field.

The three physician groups involved in this legal fight, Canadian Physicians for Life, the Christian Medical and Dental Society, and the Canadian Federation of Catholic Physicians’ Societies, are joining together to raise the $125,000 needed for this next step of litigation.

We’re coming to you to ask for your financial support.

Much of the legal costs will be accrued up front as we must conduct research and prepare our written arguments to file the legal documents requesting the opportunity to appeal.  One-time donations made here will directly support this legal fight.

Physicians for Life is a registered charity and issues tax receipts.

Sincerely,

Faye Sonier
Executive Director & General Legal Counsel

P.S. Thank you so much for enabling CPL to continue this battle to defend conscience rights by making your donation today. This case is urgent, and we need funds as soon as possible to ensure that our legal counsel can be in the best position possible to further this fight.

World medical body pushes back on conscience fight

The Catholic Register

Michael Swan

The international society of Catholic doctors is using Canada as an example of what can go wrong when doctors are forced to refer for abortion.

The World Federation of Catholic Medical Associations is drawing on Canada’s experience to counter proposals before the World Medical Association to adopt forced referrals and signal ethical acceptance for euthanasia. . . [Full Text]

Pregnant women in rural B.C. urged to leave town to deliver

40% of women in rural Canada have to drive at least 1 hour away for maternity services

CBC News

Briar Stewart

For pregnant women in Fort Nelson, B.C., part of the prenatal routine includes agreeing not to have their babies in the northern community.

“Due to staffing issues, we are unable to conduct safe obstetric care,” says the memo from the health centre.

An official with Northern Health, which oversees health centres in the region, says while physicians and staff are equipped to respond to  an “unplanned delivery,” women are advised to leave up to a month before their due date because “the safety of both the mother and the baby must come first.”

Fort Nelson, a community of 3,500, is one of dozens of rural communities in Canada where maternity services have been eliminated, in part because of the ongoing struggle to recruit and retain doctors in remote parts of the country.

The lack of intrapartum care means some women have to travel hundreds of kilometres and pay thousands of dollars to have their babies, even though health experts say long-distance delivery can come with greater health risks. . . [Full Text]

Politicians call on public to oppose Fraser Health making hospices offer euthanasia

Surrey Now Leader

Heather Colplitts

Fraser Health’s decision to have hospices offer medically assisted dying prompted a couple hundred people to gather Saturday to discuss how to fight back.

A Saturday evening meeting about the local health authority allowing medical assistance in dying (MAiD) included a discussion on whether there’s a possible legal case, and what people, hospice societies and volunteers can do if they disagree with the health authority.

All B.C. health authorities have said their various facilities would provide MAiD. Fraser Health funds the hospice residence near Langley Memorial Hospital where terminally ill people are able to receive care. The society has offices and space for its various bereavement programs at 20660 48th Ave. and has a contract with Fraser Health to provide volunteers for the residence. . . [Full Text]

Court decision on assisted suicide referrals opens door for other challenges

The Catholic Register

Michael Swan

While doctors who lost their right to practise medicine according to their conscience contemplate a legal appeal, a prominent pro-euthanasia organization suspects faith-based hospitals, nursing homes and hospices may be next to face demands to accommodate euthanasia and assisted suicide.

Dying With Dignity, Canada believes an Ontario Divisional Court decision that compels doctors to refer for euthanasia and assisted suicide may become a springboard to court challenges aimed at the conscience rights of institutions which refuse to assist in the death of patients.

“It’s really interesting. I think that the question is going to be debated in the coming days and weeks, if not months, by lawyers,” Dying with Dignity CEO Shanaaz Gokool told The Catholic Register.

In a unanimous Jan. 31 decision, a panel of three judges agreed that the religion rights of doctors under the Charter are violated by a policy which demands a formal referral for assisted suicide and other procedures. But the judges nonetheless ruled against the doctors because, they said, there is a greater public interest in ensuring “equitable access to such medical services as are legally available.” . . . [Full Text]