How Bill C-7 will sacrifice the medical profession’s standard of care

Amendments to assisted dying laws are a stunning reversal of the central role of the medical and legal concept of the standard of care

Trudo Lemmens, Mary Shariff, Leonie Herx

As Parliament discusses Bill C-7’s expansion of the Medical Assistance in Dying (MAiD) Act, one issue has been conspicuously absent from public debate, even though it has major implications for medicine and for patients: the impact of the bill on the role of the medical profession in determining the standard of care, as it applies to MAiD.

The government introduced Bill C-7 in response to the decision of Quebec Superior Court Justice Christine Beaudouin (in the Truchon case), who ruled unconstitutional the current law’s limiting of MAiD to those whose natural death is “reasonably foreseeable.”. . . [Full Text]

Medical providers’ conscience bill passes

Arkansas Democrat Gazette

Michael R. Wickline

Legislation aimed at protecting medical providers’ “right of conscience” won the approval of the Arkansas Senate on Wednesday over a warning from an opponent that it would clear the way for any medical provider to withhold treatment for most reasons.

The Senate voted 27-6 to send Senate Bill 289 by Sen. Kim Hammer, R-Benton, to the House for further consideration. The bill is called the “Medical Ethics and Diversity Act.”

Hammer said the bill is modeled on laws in Illinois and Mississippi.

“What this bill does is it provides a remedy that those medical providers who have a conscientious objection to be put in a situation that they prefer not to, that it provides them a means to defend themselves,” he said. . . [Full text]

Healthcare workers who refuse vaccination can be removed, says HSE chief

Health and Safety Act allows for the removal of staff from frontline positions

The Irish Times

Ronan McGreevy, Mark Hilliard

HSE chief executive Paul Reid has suggested that healthcare workers who refuse to take the vaccine may be removed from their posts.

Mr Reid said it was “inexcusable” for any healthcare worker who works with patients not to take the vaccine.

He said everyone had a right to refuse a vaccine if they wished, but the Health and Safety Act allowed for workers to be removed if they were regarded as a threat to other people. . . [Full text]

Indigenous Peoples Should Not Be Compelled to Provide or Facilitate Medical Assistance in Dying

Letter to Canadian Senators, Elected Federal & Provincial Leaders, and Regulators

Tyler White, Graydon Nicholas, Nick Sibbeston, Alika Lafontaine, Lana R. Potts, Rosella Kinoshameg, Bob Sutherland, Troy Hunter, Howard Jolly, Rennie Nahanee, Kenny Blacksmith, Travis Gladue-Beauregard, Karen Sibbeston, Vincent Solomon, Barry C. Maracle

As Indigenous people in Canada, we have grave concerns over the implications of Bill C-7 on our communities.

The expansion of “Medical Assistance in Dying” (MAiD) beyond those whose death is foreseeable will have a lasting impact on our vulnerable populations. Not only has the consultation of Bill C-7 with our leaders been inadequate, it has not taken into account the existing health disparities and social inequalities we face compared to non-Indigenous people.

As sovereign nations in Canada, we have a right in determining how health services will be delivered in our communities, and the Government of Canada has a responsibility to respect this relationship.

Bill C-7 goes against many of our cultural values, belief systems, and sacred teachings. The view that MAiD is a dignified end for the terminally ill or those living with disabilities should not be forced on our peoples.

Given our history with the negative consequences of colonialism and the involuntary imposition of cultural values and ideas, we believe that people should not be compelled to provide or facilitate in the provision of MAiD. Furthermore, our population is vulnerable to discrimination and coercion in the healthcare system, and should be protected against unsolicited counsel regarding MAiD.

These civil measures should extend to all Canadians.

Regardless of one’s opinion of MAiD, the right to self-determination and to act on one’s conscience is recognized as a fundamental freedom in all peoples. We call on the Government of Canada to recognize the value of Aboriginal healing practices by respecting Indigenous peoples’ right to self-determination in spiritual matters, including the right to practise our own traditions and customs when supporting those who are dying, without discrimination in the health care system.

SIGNATORIES
Tyler White.
Chief Executive Officer,
Siksika Health Services, Siksika Nation;
Member of Blackfoot Confederacy and Treaty 7 of Alberta.

Honourable Graydon Nicholas.
Order of New Brunswick,
First Indigenous Lieutenant Governor of New Brunswick,
Member of Wolastoqey Nation.

Honourable Nick Sibbeston.
Retired Senator,
Former Premier,
Northwest Territories.

Dr. Alika Lafontaine MD, FRCPC,
Anesthesiologist
Past President, Indigenous Physicians Association of Canada.

Dr. Lana R. Potts BScN MD CCFP.
Indigenous Health Advisor,
Blackfoot Family Physician with Specialty in Indigenous Health;
Blackfoot Ceremonialist;
Member of Racism and Discrimnation Working Group of the
Federal Medical Regulatory Authorities of Canada;
Member of Indigenous Advisory at the University of Lethbridge, Alberta.

Rosella Kinoshameg. Elder, DSL hc., RN., B.Sc.N.,
Indigenous Palliative Care Consultant,
Wiikwemkoong Unceded Territory, Ontario.

Bob Sutherland.
Elder and Traditional Health Worker
Member of Moose Cree First Nation

Troy Hunter.
Indigenous Lawyer, New Columbia Law Corporation,
Member of Ktunaxa Nation, British Columbia.
February 2021

Howard Jolly.
Executive Director, First Nations Alliance Churches of Canada;
Member of the Eeyou Cree Nation, Quebec.

Deacon Rennie Nahanee.
Elder, Squamish Nation;
Volunteer at Lionsgate Hospital for Squamish People;
Advisor for Suicide Prevention for Squamish Nation, British Columbia.

Chief Kenny Blacksmith.
Former Deputy Grand Chief of Eeyou Cree Nation;
KLB Resources Inc/Chief Essential Oils;
Member of the Cree Nation of Mistissini, Quebec.

Travis Gladue-Beauregard,
Operations Director of The Buffalo Tribune;
Columnist and Writer. Former Service Member.
Member of Bigstone Cree Nation, Alberta. Treaty 8 Territory.

Karen Sibbeston. Elder,
Dene Nation, Northwest Territories.

Vincent Solomon.
Urban Indigenous Ministry Developer,
Diocese of Rupert’s Land, Winnipeg, Manitoba.<br.
Barry C. Maracle.
Founder of TakeCharge Ministries.
Mohawk from Tyendinaga Mohawk Territory, Ontario

Protection of Conscience Project supports Ontario Medical Association appeal

News Release

Protection of Conscience Project

The Protection of Conscience Project has written to the Canadian Senate’s Standing Committee on Legal and Constitutional Affairs in support the Ontario Medical Association (OMA), a professional association representing over 31,000 practising Ontario physicians. The OMA has asked the committee to add a protection of conscience amendment to Bill C-7, a euthanasia/assisted suicide bill now before the Canadian Senate.

The current and previous Liberal governments have repeatedly rejected efforts to include such protection for health care practitioners in relation to what the law calls medical assistance in dying (MAiD). A favoured (and correct) response from the government and its supporters is that protection of conscience legislation falls within provincial jurisdiction, so it is not possible to include it in the Criminal Code.

However, that is not the end of the matter.

“Bill C-7 is an exercise of the federal government’s absolute constitutional jurisdiction in criminal law because medical assistance in dying is (non-culpable) homicide and assisted suicide,” wrote the Project Administrator.

“Within that context, Bill C-7 can be amended to protect freedom of conscience without intruding upon provincial jurisdiction. Just as female genital mutilation has been made a crime, Bill C-7 can be amended to make it a criminal offence to force people to become parties to homicide and suicide.”

With the letter was the Project’s submission on this point to a House of Commons standing committee in the fall of 2020.

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