Submission to the College of Physicians and Surgeons of Ontario

Re: Professional Obligations and Human Rights

Catholic Civil Rights League

The Catholic Civil Rights League (CCRL) is pleased to provide this submission to the College of Physicians and Surgeons of Ontario (CPSO) regarding the revised and approved draft policy Professional Obligations and Human Rights. We strongly advocate for a robust understanding and protection of the Charter right of freedom of conscience and religion for all Canadians, and indeed physicians in the daily routine of their care to patients and in the overall forming of their individual medical practices. The CCRL therefore rejects the proposed mandate for an “effective referral” as it is a breach of a physician’s rights and a serious incursion into the professional standing of a physician.

We previously provided a submission in August of 2014, when external consultation was sought regarding proposed changes to Physicians and the Ontario Human Rights Code. In 2008, we raised similar concerns in that consultative process. We are as adamant with our concerns today as we were seven years ago. Doctors and other health care professionals, indeed all Canadians, enjoy the Charter right of freedom of conscience and religion. A proper balancing of the rights of physicians with the concept of patient autonomy must not result in the trumping of the rights of physicians in their medical practices. Such rights extend not only to refusing to perform morally objectionable services, but the right not to be obliged to refer to other practitioners who may be willing to provide such services. This clearly would constitute participation in wrong. The proposed mandate for an “effective referral” must be rejected.
Lines 156-159 are wholly unacceptable to the CCRL:

Where physicians are unwilling to provide certain elements of care due to their moral or religious beliefs, an effective referral to another health care provider must be provided to the patient. An effective referral means a referral made in good faith, to a non-objecting, available, and accessible physician or other health-care provider.

The CCRL appeals to the Executive Committee and Council to strike from this policy the necessity to “provide an effective referral”. This is an unacceptable inclusion, an unnecessary and unwanted change from the 2008 policy. Compelling a physician to provide an effective referral to another physician or health-care provider in order to carry out a procedure to which he or she objects on the grounds of conscience or religion also compels the physician to violate his or her own conscience by being a participant in the very act, the very procedure to which he or she objects in the first place.

The current CPSO policy also states that:

The balancing of rights must be done in context. In relation to freedom of religion specifically, courts will consider how directly the act in question interferes with a core religious belief. Courts will seek to determine whether the act interferes with the religious belief in a ‘manner that is more than trivial or insubstantial.’ The less direct the impact on a religious belief, the less likely courts are to find that freedom of religion is infringed.

The CCRL submits that issues pertaining to the sanctity of life from conception until natural death is a core Catholic belief. There is also a growing body of medical research which has questioned in recent years the merits of artificial birth control, and the further risks to women from abortion. A Catholic physician is entitled in conscience to avoid providing artificial contraception or abortifacients, or procuring an abortion unless the mother’s life is in imminent threat. In the event that Canada adopts a regime of physician assisted suicide, the threat to conscientious objection is that much greater. We assure the CPSO that under no circumstances would any of the aforementioned practices be considered ‘trivial or insubstantial’.

The CCRL further submits that there are numerous procedures which may violate good medicine, or violate the consciences of many other physicians belonging to other religions or those holding sincere beliefs, religious or otherwise. The point is that despite our mandate to educate the public and defend and promote the Catholic perspective, we at the CCRL nonetheless submit that a physician must have the right to carry out their duties in line with their consciences, period.

Neither the College nor the courts determine what comprises religious belief and to what extent acts may or may not interfere. Once the sincerity of religious belief is understood, neither the College or courts should interfere in a delineation of what the particular faith may prescribe. It is far more logical to simply respect physicians’ consciences as has been the case in Ontario with the policy in place since 2008. The compulsion to effectively refer violates this right of freedom of conscience and religion and there is no reason to institute the need to provide an effective referral, whether it is on the grounds of access to care, or on any other grounds.

Regarding the ‘balancing of rights’ referred to by the CPSO, the CCRL believes that the current status quo in Ontario maintains this balance between the Charter rights of conscience and religion with the concept of patient autonomy. Using the previous listed examples of practices that would be morally objectionable to a serious Catholic physician, consider that the number of said physicians is minute in comparison to those who would have no objection whatsoever. If a lack of balance exists, it is surely found in the vast difference between physicians who choose to conscientiously dissent versus those who do not. This difference is so great that it cannot be objectively stated that a member of the public in Ontario would have their rights to autonomy violated by any physician following the 2008 CPSO policy.

With this submission, we at the CCRL call upon the CPSO’s Executive Committee and Council to reject the mandate for “effective referrals”. The medical profession, as with any grouping of individuals is not truly free to live and free to grow if its members are not able to govern their actions in accordance with their individual consciences, whether informed by moral and religious beliefs or otherwise.

Canada is a pluralist society, and an authentic pluralism recognizes that there will be differences in the public sphere, and that we live with such differences in a civil society. The proposed CPSO policy engages in a trumping exercise, mandating that a patient’s autonomy trumps recognized conscientious and religious rights of physicians. The demand for acceptance of a regime of “effective referral” of morally objectionable practices would lead to patients losing trust in the professional status of doctors. There is also the likelihood of numerous physicians opposing the new proposed policy and their refusal to comply, generating unwarranted complaints and possible exits from the jurisdiction. The extent of potential disruption is unknown, but greater instability would certainly follow in the provision of medical services. Ontario can ill afford such a tearing of the social fabric of our society. The better alternative is to accept that we are respectful of differences, especially when they concern aspects of one’s moral or religious beliefs, in no way trivial, but rather as the basis of a well-developed civil society.

Submission to the College of Physicians and Surgeons of Ontario

Re: Professional Obligations and Human Rights

A threat to the supremacy of conscience

Catholic Organization for Life and Family

The College of Physicians and Surgeons of Ontario has proposed a modification in its operational principles which, if adopted, would severely restrict the rights of conscience of medical practitioners in Ontario. The implications of the proposed policy change would be devastating for Ontario doctors who seek to inform their consciences by their faith – and not only by College policy – and who, as a consequence, may be forced to leave the province or the practice of medicine in order to maintain their integrity. These implications would also be disturbing for many patients who want to be treated by physicians who share their vision of the human person.

Freedom of conscience and of religion are guaranteed by Canada’s Charter of Rights and Freedoms (section 2a). These rights, inalienable and universal, derive from the unique dignity of the human person, which constitutes the bedrock on which all human rights rest. Moral discernment demands the right use of reason, which impels us always to seek that which is right and good in order to do what we must and thus cultivate integrity and remain true to ourselves. The human person must always obey the certain judgment of his or her conscience.[1]

By requiring Ontario doctors to provide information about and to facilitate access to procedures which they judge to be gravely immoral – and not in the best interest of their patients – the CPSO’s proposed policy would replace the supremacy of conscience with that of a self-appointed authority functioning outside the sphere of its competence. Let us recall that the medical establishment has often proposed practices which it subsequently repudiated – lobotomy and electric shock treatment to name two of many. The humanization of medicine has come about largely as the result of the efforts of doctors who have found themselves unable, as a matter of conscience, to uphold the medical orthodoxy du jour.

To suggest that any particular practitioner should be compelled to act in a way which contradicts his or her conscience, is to call into question the collective rights of conscience of medical practitioners in general. Taken to its logical conclusion, this position would negate any role the medical establishment itself might legitimately play in determining the ethical acceptability of a given medical procedure.

The Catholic Church articulates the necessity of upholding this universally recognized right of freedom of conscience and religion as follows: “. . . the freedom of conscience of all people, whatever their religion or philosophy of life” is to be defended; “no person [is to be] forced to act against conscience or be prevented from acting according to conscience”.[2] Requiring medical doctors to bracket concerns informed by their particular religious or ethical views violates this fundamental principle. Furthermore, in the context of healthcare, it also risks turning them into mere dispensers of medical services whose good in a given situation is determined by persons other than themselves.

Human experience clearly demonstrates that “the effective recognition of the right to freedom of conscience and religious freedom is one of the highest goods and one of the most serious duties of every people that truly wishes to ensure the good of the individual and of society.”3[3] For all of these reasons we ask the College of Physicians and Surgeons of Ontario to reject the draft policy “Professional Obligations and Human Rights”.


COLF is co-sponsored by the Canadian Conference of Catholic Bishops and the Supreme Council of the Knights of Columbus.

[1]Catechism of the Catholic Church, no. 1800

[2]Dignitatis Humanae (On the Right of the Person and of Communities to Social and Civil Freedom in Matters Religious, Promulgated by His Holiness Pope Paul VI, 7 December 1965), no. 3.

[3]Compendium of the Social Doctrine of the Catholic Church, no. 553.

 

Helping suffering patients die may be doctor’s most humane option, Canadian Medical Association says

National Post

Sharon Kirkley

For the first time, the Canadian Medical Association has said helping a suffering patient die may be a doctor’s most humane option.

In a new position statement approved by its board, the CMA – once firmly opposed to any form of doctor-hastened killing – now states “there are rare occasions where patients have such a degree of suffering, even with access to palliative and end of life care, that they request medical aid in dying. In such a case, and within legal constraints, medical aid in dying may be appropriate.”

The policy change comes as the powerful doctors’ lobby prepares for a possible lifting of the federal ban on assisted suicide when the Supreme Court of Canada releases its historic ruling Friday morning in Ottawa.

If the top court strikes down laws making it a criminal offence to “counsel, aid or abet” another person to commit suicide,  “we’re going to need to hit the ground running if we want to lead and do this well,” said CMA president Dr. Chris Simpson. . . . [Full Text]

Saskatchewan physicians to be forced to participate in killing their patients

For Immediate Release

Maurice Vellacott, MP Saskatoon-Wanuskewin

OTTAWA – “The assault on freedom of conscience that is spreading across our country ought to be of grave concern to every freedom-loving Canadian ,” MP Maurice Vellacott said upon learning of yet another province (this time his own) that plans to force physicians to participate in morally objectionable procedures, including those that kill. “No health care worker should be forced against their will to take part in the killing of another human being. It would be a grotesque violation of their human dignity.”

The College of Physicians and Surgeons of Saskatchewan (CPSS) has adopted in principle a policy[i]  which it basically “cut and paste” from the Conscience Research Group’s (CRG’s) Model Policy on Conscientious Objection in Medicine.[ii]

Mr. Vellcott asked a series of questions that paint a disturbing picture of the process, or lack thereof, that went into CPSS’s adoption of this objectionable policy:

“Was the CPSS aware that the drafters of the Model Policy, notably Professor Jocelyn Downie of Dalhousie University, are abortion and euthanasia activists?

Did the CPSS solicit input from anyone other than Professor Downie and her team at the CRG[iii] before adopting this policy?

Did the Saskatchewan College let on to anyone else that it was even considering this issue?

Is the CPSS aware that this policy was rejected by the Canadian Medical Association (CMA)?”

Mr. Vellacott explained: “Professor Downie and co-author Sanda Rodgers, in a 2006 guest editorial in the CMA Journal, ignited a firestorm of controversy when they falsely claimed that CMA policy requires physicians to make abortion referrals regardless of their conscientious/religious beliefs. As Sean Murphy, Administrator of the Protection of Conscience Project, points out in his recent news release, that claim was repudiated by the CMA and vehemently rejected by physicians. And partly as a result of that negative response, Professor Downie turned her attention to the regulatory Colleges to try to convince them to impose mandatory referral.”[iv]

Earlier this month, Mr. Vellacott spoke out against a similar draft policy of the College of Physicians and Surgeons of Ontario (CPSO). At that time, he expressed concerns that if the Supreme Court of Canada strikes down Canada’s current ban on euthanasia or assisted suicide, then CPSO’s policy would mean Ontario’s physicians would have a ‘duty to refer’ patients for these life-ending procedures. He stressed that no other jurisdiction that currently allows euthanasia or assisted suicide imposes such an obligation. [v]

“While the CPSO policy is not identical to the CPSS/CRG Model Policy, in principle it is the same—a coercive attempt to involve physicians in the killing of some of the most vulnerable members of our human family,” Mr. Vellacott said. “The sheer fact that these Colleges of Physicians and Surgeons feel that a coercive policy of referral for these controversial procedures is necessary, is itself testament to the fact that there is something inherently problematic about these procedures in the first place. If they were procedures just like any other medical procedure, there’d be no need to coerce physicians into sacrificing a fundamental part of who they are—their very consciences—in order to provide them.”

“No good can come from forcing a doctor to practice medicine in a way they find morally reprehensible. Killing the consciences of our medical doctors will cause inestimable harm to the people of Canada and society as a whole.”

“One cannot help but wonder, what is the real motivation of those pushing us down this dangerous path?  And will we have the courage and wisdom and foresight to stop it?”

For information on providing input to CPSS on its draft policy, visit: http://www.cps.sk.ca/CPSS/CouncilAndCommittees/Council_Consultations_and_Surveys.aspx

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 For further information and comment, call (613) 992-1966 or (613) 297-2249; email: maurice.vellacott.a1@parl.gc.ca

[i] The College of Physicians and Surgeons of Saskatchewan (CPSS) is currently seeking input on a conscientious objection policy dubbed “Conscientious Refusal,”  which it has adopted in principle. This policy would require physicians who object to providing certain “legally permissible and publicly-funded health services” to “make a timely referral to another health care provider who is willing and able to accept the patient and provide the service.” In cases where the patient’s “health or well-being” would be jeopardized by a delay in finding another physician, the physician would be forced to provide the service even when it “conflicts with physicians’ deeply held and considered moral or religious beliefs.” See: http://www.cps.sk.ca/Documents/Council/2015%201%2019%20Conscientious%20Objection%20policy%20approved%20in%20principle%20by%20Council.pdf

[ii] http://carolynmcleod.com/wp-content/uploads/2014/05/04_Downie-McLeod-Shaw.pdf

[iii] http://conscience.carolynmcleod.com/meet-the-team/

[iv] “Saskatchewan physicians to be forced to do what they believe to be wrong,” Protection of Conscience Project news release, Jan. 27, 2015

[v] See Jan. 8, 2015 news release  and Backgrounder.

All Saskatchewan doctors must refer for abortions: draft policy

 LifeSiteNews

Steve Weatherbe

Saskatchewan pro-life doctors will soon be forced to act against their consciences and required to refer patients who want treatments such as abortion to other doctors. And if no other doctor is available, doctors could be required to do abortions provided they are technically competent.

So says a draft policy of the Saskatchewan Physicians and Surgeons that the organization’s ruling council approved in principle on January 16.  It will vote again to enshrine the document in the professional code of ethics at its meetings on March 26 and 27, and provides member doctors just until March 6 to give feedback. . . [Full text]