CMDS Canada plans legal challenge to new Ontario College of Physicians policy

Note:  The following message has been sent to members of the Christian Medical Dental Society of Canada concerning the decision of the College of Physicians and Surgeons of Ontario to enact a policy that demands that physicians facilitate procedures to which they object for reasons of conscience by referring patients to a non-objecting colleague or agency.  It is reproduced here with permission.

We received the disappointing news today that the CPSO has passed their policy “Professional Obligations and Human Rights”. We ask that all members across the country join in prayer and ask our Lord to have mercy on us and to act to undo this policy that tramples on the constitutional freedoms of doctors of conscience.

We have already been in discussion with our lawyer Albertos Polizogopoulos who has been asked to prepare an application in court to have the policy struck down because it runs contrary to the Canadian Charter of Rights and Freedoms.

We are planning a press conference in Toronto to launch this court challenge in the next two weeks and we sincerely hope this stops other colleges from following suit. We know that Saskatchewan has a similar policy up for consideration, and other provinces might be considering this. We need to act quickly to try to stop other provinces from taking this step. Bryan Dias, national president of the Canadian Federation of Catholic Physician’s Societies has indicated that his organization will join in the application as well and other groups are also welcome.

We will be making a solicitation of members for this cause next week. We will be preparing to move legally in Saskatchewan as well if we are not successful with the Saskatchewan College.  We are going to try to raise $150,000 for this project. $25,000 has already been raised from the CMDS Canada Board of Directors alone. The money raised will also go towards a public awareness campaign and towards the development of a database of supporters.

Three doctors have come forward to be named in the court application in Ontario. We would encourage other Ontario doctors who feel strongly about this matter to come forward and allow their names to stand as well.  For more information, contact Larry at lworthen@cmdscanada.org

Many doctors are concerned about what to do in their practice now that the policy has been passed. We will be asking Albertos for his advice on this and will get back to you on this with a note very shortly.

One of the things we could consider is to try to get before the court quickly to ask that the policy be suspended until it gets before a judge, to hear the merits of the case.

One thing is for sure – please do not give up hope. We have a good legal strategy and alot of people pulling for us. There were over 16,000 submissions to CPSO on this issue and it has been reported that most were in favour of conscience rights generally. Most importantly, we have a God who is looking out for us and who wants us to continue His healing ministry. Let us keep each other in prayer and let us ask our respective congregations and parishes to pray for us as well.

Let’s not worry – because we know that the Lord has a plan.

Larry Worthen BA, MA (Th.), LLB
Executive Director
Christian Medical and Dental Society of Canada
Cell: (902) 880-2495

National Office:
1-197D Main Street  Steinbach MB R5G 1Y5 Phone: 204-326-2523
Fax: 204-326-3098 Toll Free:  1-888-256-8653 Website: www.cmdscanada.org

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