UN Special Rapporteur Favours of a Right to Conscientious Objection

News Release 

European Centre for Law and Justice

On the occasion of a conference organized by the ECLJ at UN headquarters in Geneva, Professor Heiner Bielefeldt, the UN Special Rapporteur on Freedom of Religion or Belief, spoke in favor of the right of medical staff to refuse to participate in performing an abortion or euthanasia. He mentioned the case of a midwife who was harshly sentenced in Sweden for having refused to participate in an abortion and was forced into “professional exile.”

He considers that this right, based on freedom of conscience, should extend to the medical staff directly involved in the matter, as long as their objection is well-founded on a strong and deep conviction. . . [Full text]

 

“Let’s not mince words: I killed people who wanted to die.”

Canadian euthanasia activist posthumously discloses serial murders

Sean Murphy*

John Hofsess, a long-time assisted suicide/euthanasia activist, committed suicide on 29 February, 2016 at a facility in Basel, Switzerland run by the Eternal Spirit Foundation.  He was accompanied by Madeline Weld (an editor of Humanist Perspectives) and four others, two of whom were filmmakers doing a documentary about his death.

"Let's not mince words: I killed people who wanted to die."Four days later, Toronto Life published Weld’s account of his death and his posthumous confession to having murdered at least four people between 1999 and 2001, including noted Canadian poet Al Purdy, and either murdered or assisted with the suicide of four others.  He abandoned the practice because it became too risky after police charged his accomplice, Evelyn Martens, with two counts of assisted suicide in 2002 with respect to the deaths of two women;  Hofsess states that he knew nothing them.  Martens was acquitted in a jury trial two years later and died in 2011.

Hofsess’ description of the method he employed in four of the cases (including Purdy’s) makes clear his clients did not kill themselves with his assistance; rather, he killed them with their consent.  Consent to being killed was not a defence to a charge of murder at the time; planned and deliberate homicide, even with consent, was first degree murder.  Consistent with this, he was advised by two lawyers that he could expect to be charged with “crimes ranging from assisted suicide to first-degree murder” if he published his account.

In Carter v. Canada, the Supreme Court of Canada decided to strike down the absolute prohibition of using consent as a defence to a charge of murder.  Under the terms of the ruling, a physician who kills a patient in the circumstances defined by the Court can use the patient’s consent as a defence to a charge of murder; in that case the killing is non-culpable homicide.  It remains first degree murder even under the terms of the Carter ruling if the client or patient is killed by a layman like Hofsess, even if the homicide otherwise conforms to the requirements of the law.

Hofsess was forthright in describing what he did.

“Let’s not mince words,” he wrote.  “I killed people who wanted to die.”

This is precisely what troubles health care workers who do not want to provide or to become accomplices to physician administered euthanasia or physician assisted suicide.  They do not want to kill people or help them commit suicide, even people who want to die.

 

 

 

 

A “uniquely Canadian approach” to freedom of conscience

Provincial-Territorial Experts recommend coercion to ensure delivery of euthanasia and assisted suicide

Recommendations designed to broaden and maximize impact of Supreme Court ruling

Sean Murphy*

Abstract

A "uniquely Canadian approach" to freedom of conscienceThe Experts’ recommendations are intended to extend and maximize the impact of the Carter ruling. They will effectively require all institutions, facilities, associations, organizations and individuals providing either health care or residential living for elderly, handicapped or disabled persons to become enablers of euthanasia and assisted suicide. This will entail suppression or significant restriction of fundamental freedoms.

The broader the criteria for the provision of morally contested procedures, and the more people and groups captured in the Experts’ enablers’ net, the greater the likelihood of conflicts of conscience.  Relevant here are recommendations to make euthanasia/assisted suicide available to mentally ill and incompetent persons, and to children and adolescents, even without the knowledge of their parents.

The Experts’ distinction between “faith-based” and “non-faith-based” facilities is meaningless. They impose identical obligations on both. All will be forced to allow homicide and suicide on their premises, or compelled to arrange for euthanasia or assisted suicide elsewhere.
Likewise, they recommend that objecting physicians be forced to actively enable homicide or suicide by providing referrals, arranging direct transfers or enlisting or arranging the enlistment of patients in a euthanasia/assisted suicide delivery system.

The Supreme Court did not rule that people ought to be compelled to become parties to homicide and suicide, but that is what the Experts recommend. This is not a reasonable limitation of fundamental freedoms, but a reprehensible attack on them and a serious violation of human dignity.

Other countries make euthanasia and assisted suicide available without attacking fundamental freedoms. In this respect, the Experts’ claim to have produced “a uniquely Canadian approach to this important issue” is regrettably accurate. They fail to provide any evidence that the suppression of freedom of fundamental freedoms they propose can be demonstrably justified in a free and democratic society.


Table of Contents

I.    Background

I.1    Formation and work of the Advisory Group

II.    Overview of the Final Report

II.1    Moral/ethical unanimity
II.2    “Statement of Principles and Values”
II.3    Recommendations broadening the Carter criteria
II.4    Recommendations impacting freedom of conscience and religion

III.    The Experts’ “uniquely Canadian approach”

III.1     Expanded criteria and increasing likelihood of conflict

III.1.1    “Irremediable medical condition”.
III.1.3     Euthanasia approved for future suffering.
III.1.7     No waiting/reflection period.
III.1.10     Adolescents and children.
III.1.13     Euthanasia/assisted suicide by non-physicians.
III.1.15     Doctor shopping.
III.1.18     Physicians need not be present at suicides.
III.1.20     Euthanasia/assisted suicide wherever people live.
III.1.22     Families, caregivers may not be advised.

III.2    Institutions, associations, organizations

III.2.1     The meaning of institution.
III.2.3    All “institutions” must allow/arrange euthanasia/assisted suicide
III.2.6     All “institutions” must disclose policies.
III.2.8     “Institutions” may not manifest or enforce commitments

III.3    Objecting physicians: information, disclosure, non-discrimination

III.3.3    Objecting physicians must provide information.
III.3.8    Objecting physicians must disclose views and their implications.
III.3.11    Objecting physicians must not illicitly discriminate.

III.4    Objecting physicians must become critical enablers

III.4.4    Referral or direct transfer of care.
III.4.5    Referral to “system/third party.”
III.4.8    The Experts’ proposal and the CMA’s proposal.

IV.    Project response

IV.1    Expert recommendations broadening Carter criteria
IV.2    Expert recommendations and fundamental freedoms in general
IV.3    Expert recommendations and freedom of conscience

V.    Conclusion


Appendix “A”  Supreme Court of Canada, Carter v. Canada (Attorney General), 2015 SCC 5

A1.    Carter criteria for euthanasia and physician assisted suicide
A2.    Carter and the criminal law
A3.    Carter and freedom of conscience and religion

Appendix “B”  Expert recommendations re: broadening Carter criteria

B1.     Expanding the Carter criteria

B1.1    “Grievous and irremediable medical condition” includes mental illness
B1.2    Suffering not a prerequisite
B1.3    Competence not a prerequisite: euthanasia for dementia
B1.4    Euthanasia and assisted suicide for children and adolescents
B1.5    Assessment, euthanasia and assisted suicide by non-physicians

B2.    Increasing the impact of Carter

B2.3    Doctor shopping
B2.4    No “waiting/reflection” period
B2.5    Physicians need not be present at suicides
B2.6    Euthanasia & assisted suicide in hospitals, hospices, etc.
B2.7    Families and caregivers may not be advised

Appendix “C”    Expert recommendations re: freedom of conscience and religion

C1.    Institutions

C1.1    Meaning of “institution”
C1.2    “Institutions” must allow or arrange for euthanasia or assisted suicide
C1.3    All “institutions” must disclose position on euthanasia and assisted suicide
C1.4    “Institutions” must not require patients/residents to give up “the right to access,” interfere with employees providing eutanasia or assisted suicide elsewhere

C2.    Objecting physicians/health care providers

C2.1    Must provide information on “all options”
C2.2    Must disclose views on euthanasia and assisted suicide
C2.3    Must not discriminate
C2.4    Must act as critical enablers

C2.4.1  Three alternatives
C2.4.2  Referral
C2.4.3  Direct transfer of care
C2.4.4  Transfer to “a publicly-funded system” or “third party”
C2.4.5  The Experts’ “system/third party” and the CMA’s “central service”

Appendix “D”    Canadian Medical Association on euthanasia and assisted suicide

D1.    CMA policy: Euthanasia and Assisted Death (2014)
D2.    CMA Annual General Council, 2015

D2.1    Surveys on support for euthanasia/assisted suicide
D2.2    Physician freedom of conscience

D3.    CMA rejects “effective referral”

Appendix “E”    International comparisons

E1.    Netherlands
E2.    Luxembourg
E3.    Belgium
E4.    Oregon
E5.    Washington
E6.    Vermont
E7.    California

Appendix “F”    An Act to Safeguard Against Homicide and Suicide

 

Jewish physicians’ freedom of conscience and religion and the Carter Case

Wagner-Sidlofsky LLP
Reproduced with permission

Charles Wagner* and Adam Hummel*

How does the decision in the Supreme Court of Canada (SCC) in Carter v. Canada (Attorney General)1 (“Carter”) impact on the religious Jewish doctor? Will this landmark decision bring into conflict these doctors’ freedom of conscience and religion with their professional obligations? The Carter case sets aside federal criminal laws as they relate to physician assisted suicide. It stands for the proposition that individuals who are suffering unbearably have a constitutional right to a physician-assisted suicide. Canada now joins only eight other countries in the world that have decriminalized physician-assisted suicide in recent years. This is a fundamental change in the law.

Previously, in the 1993 decision of Rodriguez v. British Columbia (Attorney-General)2, the SCC confirmed the criminal sanctions as they related to physician-assisted suicide, while justifying their ruling by citing the protection of the sanctity of life. Given the importance of Carter, the authors will consider some of the main concepts discussed in the decision, and consider how the SCC’s position has changed over the last 22 years. . . [Full text]

 

Podcast: Amir Attaran and the elves: A law professor makes much ado

Podcast: Amir Attaran and the elves: A law professor makes much adoA response to   “Doctors can’t refuse to help a patient die – no matter what they say”, a column by University of Ottawa law professor Amir Attaran.  He refers to  the alleged “corrosive hostility” of the Canadian Medical Association to “physician-assisted dying” and its “cowardly and stupid” position on the procedure, including support for physician freedom of conscience. [Full text – Amir Attaran and the elves]

Podcast Contents

Introduction (00 – 01:40)

Attaran: CMA siding with “bigots”  (02:11 –  4:50  )

Attaran: “they cannot refuse”  (05:23 – 06:33)

What Professor Attaran left out  (06:34 – 08:15 )

Professor  Attaran then and now  (08:50 – 09:56)

Law on abortion vs. law on homicide  (09:57 – 11:32)

A difference in perspective  (11:33  – 13:12)

What else Professor Attaran left out  (13:13 – 18:38)

Getting the facts backwards  (19:11 – 20:50 )