Protection of Conscience Project supports Ontario Medical Association appeal

News Release

Protection of Conscience Project

The Protection of Conscience Project has written to the Canadian Senate’s Standing Committee on Legal and Constitutional Affairs in support the Ontario Medical Association (OMA), a professional association representing over 31,000 practising Ontario physicians. The OMA has asked the committee to add a protection of conscience amendment to Bill C-7, a euthanasia/assisted suicide bill now before the Canadian Senate.

The current and previous Liberal governments have repeatedly rejected efforts to include such protection for health care practitioners in relation to what the law calls medical assistance in dying (MAiD). A favoured (and correct) response from the government and its supporters is that protection of conscience legislation falls within provincial jurisdiction, so it is not possible to include it in the Criminal Code.

However, that is not the end of the matter.

“Bill C-7 is an exercise of the federal government’s absolute constitutional jurisdiction in criminal law because medical assistance in dying is (non-culpable) homicide and assisted suicide,” wrote the Project Administrator.

“Within that context, Bill C-7 can be amended to protect freedom of conscience without intruding upon provincial jurisdiction. Just as female genital mutilation has been made a crime, Bill C-7 can be amended to make it a criminal offence to force people to become parties to homicide and suicide.”

With the letter was the Project’s submission on this point to a House of Commons standing committee in the fall of 2020.

Contact: Sean Murphy, Administrator
Protection of Conscience Project
email: protection@consciencelaws.org

Ontario Medical Association asks for protection of conscience amendment to euthanasia/assisted suicide bill

Sean Murphy*

The Ontario Medical Association (OMA), representing over 31,000 Ontario physicians, has asked that protection of conscience provisions be included in a euthanasia/assisted suicide bill now before the Standing Senate Committee on Legal and Constitutional Affairs in Canada. The request is contained in a letter to the Chair of the committee.

Bill C-7 is the government’s proposed amendment to the current Criminal Code provisions concerning “medical assistance in dying” (euthanasia and assisted suicide provided by physicians and nurse practitioners. The current law was enacted as a result of a ruling by the Supreme Court of Canada that an absolute ban on euthanasia and assisted suicide was unconstitutional. Bill C-7 is the government’s response to a ruling by the Quebec Court of Appeal that it is unconstitutional to restrict euthanasia and assisted suicide to those at the end of life or whose death is “reasonably foreseeable.”

Bill C-7 formally repeals the requirement that natural death be “reasonably foreseeable,” vastly increasing the pool of potential euthanasia/assisted suicide candidates, particularly among disabled persons. It abolishes a ten day reflection period for those whose deaths are reasonably foreseeable and reduces the number of independent witnesses to a patient request from two to one. It will also permit the lethal injection of an approved candidate who has lost capacity if the candidate provides advance written authorization before losing capacity. While the bill explicitly excludes mental illness as grounds for the service and establishes different criteria for patients whose natural deaths are not reasonably foreseeable, the proposed amendments have reinforced concerns among practitioners who have objected to euthanasia and assisted suicide from the beginning. It seems reasonable to think that the proposals may also be causing uneasiness among practitioners who are not opposed to the services in principle.

Ontario Medical Association asks for protection of conscience amendment to euthanasia/assisted suicide bill
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Portuguese Parliament approves euthanasia

The Siasat Daily

IANS

Lisbon, Jan 30 : The Portuguese Parliament has approved the legalisation of euthanasia “practiced or helped by health professionals” in the country with 136 votes of deputies in favour and 78 against, in addition to four abstentions.

According to the bill approved on Friday, a person aged over 18 can be medically assisted in death “whose will is current and reiterated, serious, free and enlightened, in a situation of intolerable suffering, with a definite injury of extreme severity in accordance with scientific consensus or incurable and fatal disease”, reports Xinhua news agency. . . [Full text]

Irish healthcare professionals warn against euthanasia, assisted suicide

Over 2,100 sign statement against proposed law

Sean Murphy*

Over 2,100 Irish healthcare professionals have signed a statement warning against approval of a bill that would legalize euthanasia and assisted suicide in the Republic of Ireland. The statement is on-line and available for other Irish healthcare professionals to sign. Should the bill pass, the signatories and like-minded colleagues who have not signed the statement will find that the recent debate about compelling unwilling physicians to facilitate abortion by referral and other means was a dress rehearsal for demands that they similarly support and facilitate euthanasia and assisted suicide.

The introduction to the statement:

Irish Healthcare Professionals for Dignity in Living and Dying

“We, the undersigned, are gravely concerned by the proposal to legislate for assisted suicide and euthanasia, also described as assisted dying in Ireland. As healthcare professionals we have respect for each individual, value personal autonomy and also share an interest in protecting and advocating for people who are nearing the end of their lives and who may be vulnerable and at risk. We believe the bill creates risks for many receiving healthcare that outweigh any potential benefits.  This concern is based on our collective experience over many decades of providing health care to people and their families in Ireland.”

Physicians should not be forced to make assisted-death referrals

Bill C-7, passed by the House of Commons and now in front of a Senate committee, raises even more ethical challenges than the original legislation. Doctors who object should not be compelled to support it.

Ottawa Citizen

Thomas Bouchard, Ramona Coelho,  Leonie Herx

Bill C-7 is changing the landscape of Canadian medicine. With this legislation, the federal government is expanding medically administered death (MAiD) to individuals not at end of life and with no requirement for MAiD to be a last resort in patient care. Under Bill C-7, a patient with a chronic illness or disability could receive MAiD when therapeutic options for care that could alleviate suffering have not been provided.

While some physicians may decide to aid in ending the life of their patient who is not dying, what will become of physicians who do not believe that administering death is good medicine?

Professional medical opinions are rooted in extensive medical knowledge, years of training and practice, and an individual practitioner’s conscience. It is our conscience that navigates us through the ethics necessary for providing each patient with the best medical advice for a given situation.

Medicine is not a department store. Our role is not to check the storeroom to see if we have the display item you like in the size and colour you desire. . . [Full text]