News Release
Protection of Conscience Project
The Canadian government’s proposed Assisted Human Reproduction Act lacks protection for health care workers and others who do not want to participate in morally controversial procedures, and erodes the customary right to trial by jury, according to a letter sent earlier this month to Allan Rock, Canadian Minister of Health.
Project Administrator Sean Murphy noted that, beyond the procedures allowed in the draft text, the bill provides for ad hoc legalization of activities by Orders in Council, which do not require parliamentary scrutiny or approval.
Murphy suggested that the bill would establish an expectation of entitlement to legalized procedures, and cautioned that problems will arise for conscientious objectors, especially if provision of the “controlled activities” were made a condition for federal health care grants or transfer payments.
“Experience in Canada and elsewhere suggests that conscientious objectors will . . . be subjected to coercion and discrimination” or “forced into expensive litigation before human rights tribunals or courts . . . to buy the freedom that ought to have been their birthright.”
The letter requests that the bill be amended to include protection of conscience provisions.
Murphy also expressed alarm that the bill erodes the right to trial by jury for serious offences. He argued that it would be more consistent with Canadian legal traditions to reduce the bill’s summary conviction penalties to bring them into line with those now customary in criminal law.