Conscience rights to be addressed by Ontario legislators

The Catholic Register

Michael Swan

The right being sought by many Ontario doctors to refuse to give patient referrals for euthanasia and assisted suicide will be addressed in committee meetings at Queen’s Park in the next month.

Progressive Conservative health critic Jeff Yurek plans to introduce a conscience-protection amendment to legislation currently being debated in the Ontario legislature.

Now in second reading, Bill 84 is designed to clear up legal ambiguities surrounding doctor-assisted suicide — everything from how coroners are to record assisted suicide deaths to the right of families to collect insurance benefits. However, the legislation currently does not include conscience protection for doctors. Instead, Ontario’s independent regulator for doctors requires all doctors to provide an “effective referral” for procedures, even if the doctor objects on moral, religious or conscience grounds. . . [Full text]

 

Protection of Conscience Project to intervene in lawsuit against state medical regulator

News Release

For immediate release

Protection of Conscience Project

The Protection of Conscience Project has been granted joint intervener status in a constitutional challenge to policies of the College of Physicians and Surgeons of Ontario.

The Project is intervening jointly with the Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance (FFA) in a lawsuit against the College launched by Ontario physicians and national physician organizations.

The joint intervention will defend freedom of conscience in the face of demands by the Ontario College of Physicians that physicians who refuse to kill patients or help them kill themselves must send them to a colleague willing do so.

“Unlike the CCRL and the FFA, the Project does not take a position on the acceptability of euthanasia or assisted suicide,” said Sean Murphy, Project Administrator.

“However, all three groups agree that those who object to the practices for moral, ethical or religious reasons should not be forced to provide or collaborate in them.”

The intervention will attempt to assist the court in defining a principled approach to the nature and scope of freedom of conscience.

Federal government policy a factor

The deliberate decision of the federal government to support coerced participation in homicide and suicide contributed to the Project’s decision to intervene.

“The federal government knew full well that the Ontario College was threatening to punish physicians who refuse to be parties to euthanasia and assisted suicide when it introduced Bill C-14 to set the groundrules for the procedures,” said Murphy.

“It could have prevented coercion by exercising its jurisdiction in criminal law. It could have made it a crime to force someone to be a party to homicide or suicide. It was repeatedly asked to do so. It steadfastly refused.”

Instead, Murphy said, “the Government of Canada chose to enable coercion, and to defend its support for coercion as ‘cooperative federalism.’”1

In contrast, the Project insists upon a foundational principle of democratic civility: that no one and no state institution may compel unwilling citizens to be parties to killing other people. Neither the state nor its agents nor others in positions of power and influence can legitimately order unwilling citizens to become parties to homicide and suicide, and punish them if they refuse.

The case is currently set for a hearing in mid-June.

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


Notes

  1.  Minister of Justice Jody Wilson-Raybould, House of Commons Debates, Vol. 148, No. 055, 1st Session, 42nd Parliament, 13 May, 2016, p. 3312 (10:55)

Dr. Coelho’s ‘crazy’ battle for conscience rights

The Catholic Register

Michael Swan

It’s not surprising patients fall in love with Dr. Ramona Coelho. Not just because she’s a young, pretty doctor who smiles easily, laughs frequently and focuses her attention completely on whoever is talking to her.

Her patients in London, Ont., know that she’s a doctor who is in it for something more than the status, money or security attached to most medical practices.

“I love my work,” Coelho confesses. “I love being a doctor. I love helping people and being with them — trying to find solutions for them.”

Her practice is heavily slanted to marginalized patients. Her waiting room is full of refugees, ex-cons, the poor. Many of her patients are on permanent disability. . . . [Full text]

 

Legal group fights policy forcing pro-life doctors to refer for abortion, euthanasia

Lifesite News

Steve Weatherbe

TORONTO, February 13, 2017 (LifeSiteNews) – A Calgary conscience rights group has joined Ontario Christian doctors in fighting a requirement that they refer patients for euthanasia and abortion — and perform both procedures in emergencies.

The Justice Centre for Constitutional Freedoms (JCCF) was granted intervenor status in a legal action launched by five Ontario Christian doctors, the Christian Medical and Dental Society of Canada (CMDS), and other doctors’ groups.

Their target is the College of Physicians and Surgeons of Ontario, which controls the profession with the power to licence and de-licence doctors. In June, the Christian doctors will go to court in an attempt to have two new college policies ruled unconstitutional. . . .[Full text]

 

Important legal action: 18 women’s health organizations sue Illinois Gov. Rauner

Illinois Pregnancy Resource Centers Sue Governor for First Amendment Violations:  State Law Compels Staff to Refer for Abortions Despite Religious Objections

News Release

Thomas More Society

(February 10, 2017 – Chicago) Eighteen Illinois women’s health organizations are suing Governor Bruce Rauner over Illinois’ new law forcing pro-life doctors and pregnancy resource centers to discuss abortion benefits and refer pregnant women for abortions despite their conscience-based opposition to abortion.

The controversial SB 1564, which amended the Health Care Right of Conscience Act effective January 1, 2017, has left Illinois’ over 90 not-for-profit pregnancy resource centers with little choice but to file suit seeking a judicial determination that the law unconstitutionally abridges their free speech and interferes with their religious beliefs.

The Thomas More Society filed for injunctive relief this week on behalf of 18 of the centers, citing violations of multiple rights under the Constitution of the State of Illinois. It filed an action on behalf of two others late last week, The Women’s Centers of Greater Chicagoland and Hope Life Center in Sterling, Illinois. Some of the centers have been forced to stop medical services, which include pregnancy tests, sonograms, and STD testing, until the legal issues are resolved.

Thomas Olp, Attorney for the Thomas More Society, observed, “This law targets pro-life pregnancy centers, which do not refer for abortion, and whose pro-life mission is to advise clients of alternatives to abortion. The new law requires these pro-life centers, and only them, to discuss ‘benefits’ of abortion with their clients and to name abortion providers upon request. This is the essence of forced government speech prohibited by the free speech provisions of our federal and state constitutions. The First Amendment equally protects the right to speak and not to speak. The government cannot show a compelling reason for this requirement since information about abortion is readily available from all sorts of public and private sources.

It is as easy to find the location of an abortion clinic as to find our clients’ pregnancy resource centers. Moreover, the law is content-based and viewpoint-discriminatory, meaning it applies to a certain type of speech, and targets only conscience-based objectors, but leaves all others free from regulation. Its intent really is to directly interfere with pro-life pregnancy centers that have aided many thousands of pregnant women over the years learn that abortion is not the only choice in a problem pregnancy, and that adoption and parenting are not only healthier choices for the mother but avoid the tragedy of abortion, which kills an unborn child. In my view, the law is nefarious and pernicious in its targeting of pro-life physicians and pregnancy resource centers.”

The lawsuit, filed in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, charges Governor Rauner and his Secretary of the Illinois Department of Financial & Professional Regulation, Bryan Schneider, with several constitutional violations resulting from enacting SB 1564. The Plaintiffs advance claims under the free speech, religious liberty, due process, and equal protection clauses of the state constitution.

Those abuses include infringement of the following rights:

The Constitution of the State of Illinois’ guarantee that, “All persons may speak, write, and publish freely.” The Plaintiffs’ freedom of speech is abridged when the state compels them to discuss treatment options and disclose abortion providers to which they possess sincerely-held religious objections.

The statute is vague and therefore violates constitutional due process because it does not give fair notice to a person of common intelligence as to what it requires. Rather, one must guess as to its meaning.

The statute denies plaintiffs equal protection of the laws in that it targets a class of conscience-based objectors but does not regulate health care providers who do not have conscience-based objections.

The law interferes with the Illinois Constitution’s guarantee of free exercise of religion. Article I, Section 3 guarantees “the free exercise and enjoyment of religious profession and worship, without discrimination.”

The Illinois Religious Freedom Restoration Act protects Illinoisans’ free exercise of religion. SB 1564 substantially burdens the plaintiffs’ exercise of religion.

Mary Strom, Executive Director of The Women’s Centers, which has three sites in the Chicago area, stated that the organization’s success is directly tied to its Catholic identity, even while it serves women of all faiths. “I credit the success we have had in helping women to the power of prayer,” she shared. “Everything comes from that.”

Hope Life Center in Sterling, Illinois, was founded by Laura Petigoue and her husband, Mark. “It was after I learned about the devastation that abortion brings that we dedicated ourselves to addressing the needs of women experiencing unplanned pregnancies and providing loving, Christ-centered alternatives,” recalled Petigoue, who is greatly saddened by Illinois’ adoption of this law she calls, “monstrously prejudicial.” Debbie Case, the Executive Director of Hope Life Center, noted, “For over 30 years, Hope Life Center has been the only organization in our community dedicated to providing women with the education and medical services they need to make informed decisions about unwanted pregnancies. Now we have had to suspend all our medical services because this new law mandates us to serve these women in a way that is harmful to them and to their unborn children. We’re seeking relief from this law so we can get back to doing what we do best, taking care of vulnerable women in our community.”

Mr. Olp also observed, “Most of our Plaintiffs have literally spent decades helping women by providing information about alternatives to abortion (parenting and adoption), thereby helping to empower and encourage them to recognize that a choice for life for their unborn child is much preferable to abortion both for them and for their unborn babies. The new law strikes at the Plaintiffs’ faith-based ability to render effective assistance to pregnant women about child bearing and child rearing by requiring them to substitute a secular government-sponsored message totally at odds with their faith position. The government is not permitted constitutionally to do this, in our view.”

The Pregnancy Resource Centers filing suit this week were:

ABIGAIL WOMEN’S CLINIC, Mendota;
CHOICES PREGNANCY AND HEALTH, Charleston;
CORBELLA CLINIC, South Elgin;
FAMILY LIFE CENTER, INC., Effingham;
FIRST STEP WOMEN’S CENTER, Springfield;
FREEPORT PREGNANCY CENTER, Freeport;
HOPE LIFE CENTER, INC., Sterling;
LIGHTHOUSE PREGNANCY CENTER, Vandalia;
NEW LIFE PREGNANCY CENTER, Decatur;
OPTIONS NOW, Godfrey;
PREGNANCY INFORMATION CENTER, Aurora;
PREGNANCY RESOURCES, Moline;
PREGNANCY RESOURCE CENTER, Rushville;
SOUTHSIDE PREGNANCY CENTER, INC., Oak Lawn;
SPOON RIVER PREGNANCY RESOURCE CENTER, Canton;
THE WOMEN’S CENTERS OF GREATER CHICAGOLAND, Chicago;
WATERLEAF WOMEN’S CENTER, Aurora and Bolingbrook;
WE CARE PREGNANCY CENTER, DeKalb.

Link to the above filing here.

Read the Verified Complaint for Declaratory and Injunctive Relief, filed February 2, 2017, in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, in the case, The Women’s Centers of Greater Chicagoland, a not-for-profit Illinois corporation, and Hope Life Center, Inc., a not-for-profit Illinois corporation v. Bruce Rauner, in his official capacity as Governor of State of Illinois, Bryan A. Schneider, in his official capacity as Secretary of the Illinois Department of Financial & Professional Regulation, in his official capacity here.


The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago and Omaha, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.