Doctors who conscientiously object to providing euthanasia referrals should not be forced to do so

National Post

Barbara Kay

From June 12 to 15, the Ontario Superior Court of Justice heard legal arguments relating to conscience rights for doctors in Ontario. Five doctors and three physicians’ organizations want the court to declare portions of policies created by the College of Physicians and Surgeons of Ontario (CPSO) a violation of doctors’ rights enshrined in the Charter. A decision is expected later this year.

CPSO, the respondent in the case, has stated they may suspend or sanction a doctor that refuses to participate in an assisted suicide, which they — duplicitously in my opinion — call “medical aid in dying” (MAID). Euthanasiasts prefer the euphemism because “aid in dying” sounds softer and gentler than “kill.” But the true definition of MAID is palliative care, whose future as a medical discipline has been thrown into uncertainty by the CPSO’s bullish stance on assisted suicide.

The CPSO’s conscience-hostile position is both unnecessary and unjust. . .  [Full text]

 

Protecting The Right to Conscientious Objection

Reproduced with permission

Kelvin Goertzen, MLA

In 2015 the Supreme Court of Canada ruled that Canadians could access a medical assisted death with the help of a physician. As part of that decision, the Supreme Court tasked Parliament with developing the legislative framework by which the medical assisted death (otherwise known as MAID) could happen in Canada.

The decision has resulted in a number of different concerns regarding the right to conscientious objection for medical professionals and others. As Minister of Health for Manitoba over the past year, I have heard from many in the healthcare profession who are concerned that they may in the future be required to participate in a MAID procedure as a requirement of their occupation.

While the provincial governments have been mandated by the Supreme Court decision to ensure there is access to MAID, they also have a responsibility to ensure that those who are unable to participate in a medically assisted death due to their personal beliefs or values have protection.

That is why during this past session of the Manitoba Legislature, I introduced Bill 34 (currently in second reading) which is about providing protection to medical professionals and others who may not want to participate, for whatever reason, in a medical assisted death. There was no robust legislation in Manitoba or anywhere else that protected medical professionals so that they would not be required to act in a medical assisted death. Not just doctors, but nurses and other health professionals have asked for legislative means to ensure that this protection exists, not just for today but for the future as well.

The legislation would ensure that now and into the future, an individual could refuse to participate in a medically assisted death without any disciplinary or employment repercussions. It also prohibits a professional regulatory body from requiring its members to participate in a medically assisted death.

In Manitoba we have been a leader in ensuring that a balance is struck between meeting the legal responsibilities flowing from the Supreme Court of Canada and Parliament’s subsequent action and ensuring that medical professionals are able to also act in a way that is in keeping with their own personal convictions and the purpose for which they entered the medical field. The work of the individual professional colleges in Manitoba has been helpful to date in working to protect the rights of medical professionals and the legislation which I have introduced will help to support that work.

I look forward to this legislation being further considered in the fall session of the Manitoba Legislature and to ensuring that medical professionals have their conscientious rights protected.

 

 

Doctors have right to choose what services they perform

Toronto Sun
Reproduced with permission

John Carpay

Should the government be able to force a person to do something that she or he considers to be fundamentally wrong?

Dictatorships say yes, but free countries like Canada have always said no.

For example, those who believe that killing another person is never justified, not even in a war against an invading foreign power, are exempted from mandatory military service.

Ontario’s Superior Court of Justice is considering freedom of conscience this week, in a court action brought by the Christian Medical and Dental Society (CMDS) against the College of Physicians and Surgeons of Ontario (CPSO).

The college has adopted policies that require doctors to assist patients who want to commit suicide, and to provide abortions, even if those services conflict with a doctor’s conscience or ethics. The CPSO requires doctors to provide these services themselves, or provide an “effective referral” to another doctor.

There is no shortage of doctors who are willing to do abortions, and doctors willing to assist people who want to commit suicide. So these college policies are driven by ideology, not by any practical need.

The CPSO argues that it’s no big deal for doctors to refer patients for a service that the doctor sees as wrong, and that this is a fair compromise for objecting doctors. However, when the college prohibits doctors from mutilating the genitals of young girls (called “female circumcision” in some cultures), the college also bans referring for this medical service. Why? Because referring a patient (or the parents of a young girl) to another doctor amounts to active participation. It’s like saying, “I won’t take part in robbing the bank, but I will provide the robber with information as to where he can get his gun.”

The college argues that the rights of patients are in conflict with doctors’ freedom of conscience, and that patients’ interests should prevail over constitutional rights. But in fact, Canadian courts have repeatedly ruled that patients do not have a constitutional right to any particular medical procedure. In one Ontario case, a man with liver cancer was told he had eight months to live. Adolfo Flora then spent $450,000 in the U.K. for a living-related liver transplantation, which saved his life.

The government refused to reimburse the $450,000, insisting that the government has the sole right to determine what services would or would not be provided by its health-care monopoly. The court agreed, and ruled against Flora.

In Ontario and other provinces, it’s illegal for patients to buy private health insurance and private medical services. When Canadians have no right to access essential health services outside of the government’s monopoly, it makes no sense to argue that patients have a “right” to force unwilling doctors to do what those doctors consider to be wrong.

But even if the Canadian Charter of Rights and Freedoms provided patients with a right to health care, this would still not justify violating the Charter-protected freedom of conscience that doctors — and all citizens of a free society — enjoy.

 

 

Let’s Expand the Scope of Conscience Protection

Evolution News and Science Today

 Wesley J. Smith

As I have written here and elsewhere, attacks on medical conscience are proliferating, and the ground is being prepared to strip doctors, nurses, pharmacists, and others of the ability to practice their professions under the principles of Hippocratic ideals.

I suspect that if the Left ever again takes control of the government, conscience rights will come under even more concerted attack than is currently happening. I mean, they tried to force nuns to provide contraception in the order’s health insurance.

A bill was introduced in Congress to strengthen existing conscience protections. Called the Conscience Protection Act of 2017, . . . but the legislation, as written, is far too narrowly drawn. The pending crisis of medical conscience extends far beyond abortion. . . [Full text]

 

Why is Ontario forcing docs to participate in euthanasia?

Toronto Sun

Editorial

From the beginning of the debate over the now legal medical procedure of medically assisted dying, politicians have simply assumed doctors would do it.

Why? Why assume all doctors (and nurses) would be comfortable with this burden?

Especially since the medical professionals most likely to encounter requests for euthanasia would be those devoted to palliative care, to giving their patients as good a quality of life as possible in the final stages of life.

Canada’s assisted dying law does not require doctors to provide medically assisted death personally.

But in Ontario, they must refer the patient to a doctor who will do it, known as effective referral, which many medical professionals say violates their conscience rights not to participate in the euthanasia process. . . [Full text]