Category: Procedures & Services

Project intervenes in the Supreme Court of Canada

News Release

Protection of Conscience Project

Today the Protection of Conscience Project joined the Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance in a joint intervention at the Supreme Court of Canada in Carter v. Canada, a case seeking the legalization of euthanasia and physician assisted suicide.

The appeal necessarily involves the issue of freedom of conscience for healthcare providers.   An indeterminate number of healthcare providers consider killing patients or assisting in suicide morally or ethically abhorrent. Their views  are consistent with the current Canadian legal framework, which would be fundamentally changed if euthanasia and assisted suicide were legalized.  Such a change in the law would generate demands that physicians and other healthcare providers directly or indirectly participate in what they consider to be gravely immoral activities.

In the event that the Supreme Court strikes down the criminal law as it relates to euthanasia or assisted suicide, the intervention urged the Court to “make clear to the legislature that any legislation in this area must protect the freedom of conscience of healthcare providers,” ensuring that “healthcare providers are not directly or indirectly coerced into becoming parties to killing patients or assisting patients kill themselves.”

In a Backgrounder on the intervention, Project Administrator Sean Murphy notes the need for robust protection for freedom of conscience among healthcare providers if the law is changed. In that case, he argues, direction from the Court will be needed “to correct a dangerous error that has become increasingly widespread: that the state or a profession may impose upon people a duty to do what they believe to be wrong – even if that means killing people.”

Elsewhere, he observes that the history of abortion law reform in Canada demonstrates that healthcare providers “cannot rely on mere promises of tolerance and respect for freedom of conscience.”

” The greater the demand for a procedure -whether the demand arises from the number of patients or from ideological rights claims –  the sooner objecting health care workers will face discrimination, harassment and coercion. ”

The intervention was presented on behalf of the interveners by Robert Staley, with the participation of Ranjan Agarwal, Jack Maslen, and Sheridan Scott, all of Bennett Jones LLP, together with CCRL President, Philip Horgan.  27 interventions were approved by the Court.

A decision is expected in the Spring of 2015.

 

Spare parts child or saviour sibling?

Sunday Star Times

Michelle Duff

A woman is pregnant with New Zealand’s first “made-to-order baby,” chosen for its genetic makeup to save its sibling’s life.

The baby was selected from other IVF embryos as a genetic match for its sick older sibling and will donate stem cells at birth.

Critics say the process is a slippery slope towards treating children as commodities.

The cells will be harvested from the baby’s umbilical cord blood and used as a transplant for the older child, which might save it from life-threatening sickle cell anaemia. The parents already have several children, and the sick child is the oldest.

The creation of Baby X comes as outgoing Health Minister Tony Ryall approves the expansion of genetic testing, which will open the door for doctors to select “saviour siblings” to help save existing children sick with certain diseases. . . [Full text]

There’s no “mushy middle” on euthanasia

Mercatornet

Margaret Somerville*

Many know the saying “You have to fish or cut bait”. Many fewer know the law’s equivalent, “You can’t approbate and reprobate”. But the Canadian Medical Association’s recent dealing with their 2007 Policy on Euthanasia and Assisted Suicide makes it seem they are unaware of the warning and wisdom these axioms communicate.

That CMA policy unambiguously declares: “Canadian physicians should not participate in euthanasia or assisted suicide.”  Despite that, a motion passed at the recent CMA General Council meeting, which ostensibly was meant only to ensure freedom of conscience, has allowed the CMA to make the following statement in its intervener factum in the upcoming appeal in the Supreme Court of Canada in the Carter case:

“As long as such practices [as euthanasia and assisted suicide] remain illegal, the CMA believes that physicians should not participate in medical aid in dying. If the law were to change, the CMA would support its members who elect to follow their conscience [either to refuse or to undertake euthanasia and assisted suicide].”

[Full text]

Elderly couple to die together by assisted suicide even though they are not ill

Daily Mail

Simon Caldwell

An elderly husband and wife have announced their plans to die in the world’s first ‘couple’ euthanasia – despite neither of them being terminally ill.

Instead the pair fear loneliness if the other one dies first from natural causes.

Identified only by their first names, Francis, 89, and Anne, 86, they have the support of their three adult children who say they would be unable to care for either parent if they became widowed

The children have even gone so far as to find a practitioner willing to carry out the double killings on the grounds that the couple’s mental anguish constituted the unbearable suffering needed to legally justify euthanasia.

The couple, from Brussels, are receiving regular medical treatment for age-related ailments.

Francis has received treatment for prostate cancer for 20 years and is unable to spend a day without morphine and Anne is partially blind and almost totally deaf.

They always go out shopping together because they are both scared that one day the other will not return home.

They decided that life in a care home was not an option because of their fear they would end up bedridden without the strength to insist on euthanasia. . [Full text]

Victorian Premier and Opposition Leader pledge to allow conscience vote on forcing doctors to participate in abortion

News Release

Australian Christian Lobby

The Victorian Premier and Opposition Leader will allow a conscience vote if a private members’ bill is introduced to restore freedom to doctors to decline to participate in abortion.

Denis Napthine and Daniel Andrews were responding to questions from Christian leaders at the Australian Christian Lobby’s Make it Count forum at Queens’ Hall, Parliament House last night.

Their commitments come following sanctions imposed on Melbourne Doctor Mark Hobart, who declined to assist a couple who wanted their baby girl aborted so they could try again for a boy.

“If a private members’ bill was introduced then we would certainly allow a conscience vote,” Dr. Napthine said.

“My position would be to afford a conscience vote,” Mr Andrews said.

ACL Victorian Director Dan Flynn welcomed the leaders’ commitments to allow a parliamentary vote on whether or not doctors should be forced to participate in abortion by making a referral for an abortion.

“No one should be forced to go against their conscience on an issue which involves the taking of a human life,” Mr Flynn said.

The leaders were asked about a range of issues including domestic violence, freedom of religion, poker machine reform and the ice epidemic.

Asked whether “your Government (would) commission independent research into whether there are features in poker machines that lead to gambling addiction”, Mr Andrews committed to examining “the best research, the best evidence”.

On family violence, Dr. Napthine said: “Men particularly need to stand up”.

Mr. Andrews said family violence was the leading cause of death or disability for women aged 45 and under and was “national disgrace”.

On religious freedom, Mr Flynn expressed disappointment about Labor’s election policy, reiterated last night by Mr Andrews, to amend Equal Opportunity laws to diminish the freedom of faith-based schools to employ staff who share their ethos.

Dr. Napthine was called away from the forum to deal with last night’s terrorism-related shooting of an Islamic extremist just moments before Mr Andrews concluded taking questions.

The pre-election Make it Count event was attended by 150 Christian leaders from a wide cross-section of denominations and churches.