The CCRL strongly opposes the College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario

News Release

Catholic Civil Rights League

TORONTO, ON March 24, 2016 – The Catholic Civil Rights League (CCRL) sent the following letter to the College of Nurses of Ontario (CNO) in opposition to Physician-Assisted Death: Interim Guidance for Nursing in Ontario on grounds that its main recommendation seriously violates a nurse’s freedom of conscience and religion.

College of Nurses of Ontario
101 Davenport Rd. Toronto,
ON M5R 3P1

March 24, 2016

RE: College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario

The Catholic Civil Rights League (CCRL) strongly opposes the College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario on grounds that its main recommendation seriously violates a nurse’s freedom of conscience and religion. Page 3 of the document states:

…some nurses may have conscientious objections to participating in physician-assisted death. Both the Special Joint Committee on Physician-Assisted Dying of the Parliament of Canada and the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying have recommended that health care professionals who have conscientious objections should refer or transfer a client to another health care provider. If no other caregiver can be arranged, you must provide the immediate care required.

We are hopeful that your suggestion of “immediate care” is in the noble tradition of the nursing profession to preserve life, and to provide medical assistance to save lives.  However, our fear is that your proposed guideline is suggestive that a nurse will be obliged in such circumstances to engage in the new Orwellian concept of “medical aid in dying”, a prospect for which polling suggests a majority of your membership vigorously disagrees.

If the final statement and the directive “you must provide the immediate care required” is intended to mean “medical aid in dying”, then your College has asserted the most jarringly outrageous example of forcing a health care professional to violate his or her conscience that has been proposed by any regulatory body in Canada. It even outweighs the aforementioned recommendations of the Special Joint Committee on Physician-Assisted Dying of the Parliament of Canada and the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying.

Whereas the CCRL submits that euthanasia and assisted suicide in itself is morally and ethically wrong, compelling another person to be involved in this morally and ethically depraved act is no less wrong.  As interveners in Carter,the CCRL focussed on the impact to health care in general and to the conscience rights of health care workers specifically.  We strongly advocated for a robust understanding and protection of the Charter right of freedom of conscience and religion.

The right to avoid moral complicity in assisted suicide and euthanasia is an essential part of one’s religious and conscientious freedom.

The CCRL appeals to the College of Nurses of Ontario (CNO) to strike from the interim guidance document the necessity to “provide the immediate care required” if “no other caregiver can be arranged.” This compulsion is morally unacceptable.

It is also unacceptable that nurses are treated so poorly, by their own governing college, no less. Instead of limiting nurses’ rights and violating their constitutional right to freedom of conscience and religion, the CNO ought to instead advocate for nurses who conscientiously object to euthanasia and assisted suicide.

As with any regulatory entity, the CNO has no business second-guessing the validity of sincerely held religious beliefs, exercised in the course of one’s professional judgment.

Christian Domenic Elia, PhD
Executive Director
Catholic Civil Rights League (CCRL) celia@ccrl.ca

Philip Horgan
President
Catholic Civil Rights League (CCRL) ccrl@ccrl.ca


About the CCRL

Catholic Civil Rights League (CCRL) (www.ccrl.ca) assists in creating conditions within which Catholic teachings can be better understood, cooperates with other organizations in defending civil rights in Canada, and opposes defamation and discrimination against Catholics on the basis of their beliefs. The CCRL was founded in 1985 as an independent lay organization with a large nationwide membership base. The CCRL is a Canadian non-profit organization entirely supported by the generosity of its members.

For further information:

Christian Domenic Elia, PhD
CCRL Executive Director
416-466-8244 @CCRLtweets

Canadian Association of Physician Assistants wants objecting physicians forced to refer for euthanasia, assisted suicide

Sean Murphy*

A policy statement by the Canadian Association of Physician Assistants asserts that physician assistants “should play a supportive role” in euthanasia and assisted suicide and states that physician assistants should be allowed to personally provide the procedures under the direction of a physician.

PAs as well as other health professions can play an active role in helping to facilitate PAD and supporting physicians throughout the process.

 

The statement purports to respect objecting physician assistance “freedom of choice” (the term used is not “freedom of conscience”) , stating that those “who have a conscientious objection based on moral and/or religious beliefs should not be required to assist in this process.”  However, it adds that the Association “supports the requirement for an effective referral process” – which would require physicians unwilling to kill patients or help them commit suicide to find someone willing to do so.

Hospitals should be able to opt out of doctor-assisted death, expert says

Ottawa Citizen

Elizabeth Payne

Neither doctors nor the institutions where they work should be forced to offer physician-assisted suicide, an expert on end-of-life decision making said Monday.

Judith Wahl, of Toronto’s Advocacy Centre for the Elderly, said Ontario should be able to create a system in which physician assisted death is accessible for those who qualify and want it, without forcing institutions and physicians to act against their beliefs.

“The provincial government can authorize those exemptions. I think people should be able to opt out and facilities should be able to opt out. I think we have to look at the system as a whole.”

With months to go until there is a law on physician assisted dying, the issue is already controversial. Catholic hospitals and health institutions across Ontario  –  including Bruyere Continuing Care in Ottawa  –  say they will not offer physician assisted death once it becomes law later this year. Bruyere is Ottawa’s only hospital with an acute palliative care ward. . . [Full text]

 

A Warning from Canada on Assisted Suicide: Physicians’ Conscience Rights at Stake

CNSNews.com

Lynn Wardle

Historically, assisted suicide (aiding a person to take his or her own life) was prohibited by the common law in Canada, as in all common law jurisdictions. Indeed, at common law suicide resulted in forfeiture of all goods and chattels of the suicide victim to the state.  A person who assisted a person to commit suicide also committed a felony.

Prohibitions against attempting suicide and assisting suicide were codified in Canada in 1892.  The attempting suicide law was challenged as infringing upon the protection for individual liberty in section 7 of the Canadian Charter of Rights and Freedoms, but the criminal prohibition against assisted suicide was upheld by the Supreme Court of Canada in Rodriguez v. British Columbia (Attorney General) in 1993.

The statutory prohibition of attempting suicide was repealed in Canada in 1972.  However, the criminal prohibition against assisting a person to commit suicide remained in Canada.

In February 2015, the Supreme Court of Canada ruled that the prohibition of medical assistance in dying violates the Charter of Rights and Freedoms. Carter v. Canada (Attorney General), 2015 SCC 5.  Now Parliament is working to codify the Carter ruling.

A special parliamentary committee was appointed to consider how to reform the law.  On February 25, 2016, the Special Joint Committee on Physician-Assisted Dying delivered to the Parliament of Canada its Report on “Medical Assistance in Dying: A Patient-Centred Approach, February 2016, 42nd Parliament, 1st Session.”

The Report contains 21 recommendations.  Some of them are unobjectionable, but some are troubling to some thoughtful observers and medical ethicists, and a few are dangerously disrespectful of the rights and consciences of marginalized populations. The Report evades, brushes aside, or bulldozes over some very serious ethical issues. . . [Full text]

 

New Belgian law aims to force doctors into euthanasia

 LifeSite News

Jeanne Smits

BRUSSELS, March 17, 2016 (LifeSiteNews) – A handful of Belgian lawmakers are trying to obtain a radical change to the rules governing euthanasia in the country, where so-called “mercy-killing” has been legal since 2002.

Not content with one of the most liberal euthanasia laws in the world, the socialist representatives now want to oblige doctors who have conscientious objections to killing their patients asking for euthanasia, to refer them to a doctor who is prepared to do so. This has been interpreted as a sort of new obligation to accede to all euthanasia requests within a very short period of time, and the wording of the proposed legislation supports this. The changes also include enhanced rights attached to a patient’s “living will” as well as the negation of the right to conscientious objection for institutions. . . [Full text]