Canadian doctors preparing for ‘all eventualities’ in case top court strikes down ban on assisted suicide

National Post

Sharon Kirkey

The nation’s largest doctors’ group is quietly preparing for possible changes in federal laws governing physician-assisted death, as support among its own members for medical aid in dying grows.

The Canadian Medical Association has consulted medical associations in jurisdictions around the world where euthanasia or assisted suicide is legal to devise possible protocols for Canada if the federal law is changed.

The powerful doctors’ lobby says it would be naïve not to prepare for “all eventualities” as the country awaits a Supreme Court of Canada ruling over whether the federal prohibition outlawing assisted suicide is unconstitutional.

“I think we’re looking at the possibility that the court will refer this back to the lawmakers,” said Dr. Jeff Blackmer, the CMA’s director of ethics.

The Supreme Court could strike down Canada’s ban on assisted suicide and give Parliament one year to craft new legislation, as it did with prostitution.

“They could suggest some framework from the bench that we might want to be in a position to comment on fairly quickly. Or there could be a long period for reflection and committee hearings that we would want to be prepared for,” Blackmer said. “We’re preparing for all eventualities, and that [a lifting of the ban] is absolutely one of them.”

If there is a change in law, Blackmer said doctors opposed to physician-assisted death “will be looking to us for protection of their conscience and their right not to participate.” . . . [Full text]

 

Good News and Bad News

Presentation to the Catholic Physicians’ Guild of Vancouver

North Vancouver B.C.

Sean Murphy *

Introduction

Thank you for inviting me to speak this evening. I have never been asked to give a three hour presentation to a group of physicians. You will be relieved to know that I have not been asked to do that tonight.

Those of you who saw the BC Catholic headline may have been expecting a “lecture on medical ethics,” but, thanks to Dr. Bright’s introduction, you now know that I am an administrator, not an ethicist, and that my topic is freedom of conscience in health care.

Protection of Conscience Project

The Protection of Conscience Project will be 15 years old this December. Although a meeting sponsored by the Catholic Physicians Guild provided the impetus for its formation, the Project is a non-denominational initiative, not a Catholic enterprise. Thus, if I mention the Catholic Church or Catholic teaching tonight, it will be as an outsider, as it were, though an outsider with inside information.

One more thing: the Project does not take a position on the acceptability of morally contested procedures like abortion, contraception or euthanasia: not even on torture. The focus is exclusively on freedom of conscience.

Context

Supreme Court of Canada, OttawaThe context for my presentation is provided by the passage of the Quebec euthanasia law1 and the pending decision in Carter v. Canada in the Supreme Court.2 Physicians are now confronted by the prospect that laws against euthanasia and physician assisted suicide will be struck down or changed. If that happens, what does the future hold for Catholic physicians and others who share your beliefs?

Will you be forced to participate in suicide or euthanasia?

If you refuse, will you be disadvantaged, discriminated against, disciplined, sued or fired?

Will you be forced out of your specialty or profession, or forced to emigrate if you wish to continue in it?

What about those who come after you? If you avoid all of these difficulties, will they?

In sum, will freedom of conscience and religion for health care workers be protected if assisted suicide and euthanasia are legalized? [Full Text]

There’s no “mushy middle” on euthanasia

Mercatornet

Margaret Somerville*

Many know the saying “You have to fish or cut bait”. Many fewer know the law’s equivalent, “You can’t approbate and reprobate”. But the Canadian Medical Association’s recent dealing with their 2007 Policy on Euthanasia and Assisted Suicide makes it seem they are unaware of the warning and wisdom these axioms communicate.

That CMA policy unambiguously declares: “Canadian physicians should not participate in euthanasia or assisted suicide.”  Despite that, a motion passed at the recent CMA General Council meeting, which ostensibly was meant only to ensure freedom of conscience, has allowed the CMA to make the following statement in its intervener factum in the upcoming appeal in the Supreme Court of Canada in the Carter case:

“As long as such practices [as euthanasia and assisted suicide] remain illegal, the CMA believes that physicians should not participate in medical aid in dying. If the law were to change, the CMA would support its members who elect to follow their conscience [either to refuse or to undertake euthanasia and assisted suicide].”

[Full text]

Medical association vows to protect conscience rights

The Catholic Register

Michael Swan

The Canadian Medical Association has passed a new policy on conscience rights that supports a doctor’s right to choose whether or not to help patients commit suicide in jurisdictions where it may become legal.

“If the law were to change, then we would support the right of physicians to follow their conscience. It (the new policy) doesn’t say we favour a change in the law,” said Dr. Jeff Blackmer, the CMA’s executive director of ethics. The CMA stance opposing euthanasia remains in place. “Our position is still that Canadian physicians should not participate in euthanasia or assisted suicide,” Blackmer said. The CMA will come to the defence of doctors who refuse to participate in euthanasia and physician-assisted suicide if the law changes to make those practices legal. . . [Full Text]

Doctor-assisted death appropriate only after all other choices exhausted, CMA president says

Canada.com

Sharon Kirkey

Doctor-hastened death would only be appropriate after all other reasonable choices have been exhausted, says the head of the country’s largest doctors’ group.

Dr. Chris Simpson, newly installed president of the Canadian Medical Association, made the comments in advance of a landmark Supreme Court of Canada hearing expected to add fuel to the emotional end-of-life debate gaining urgency across Canada.

Simpson said there are enough doctors in Canada willing to perform doctor-hastened death, if the federal ban outlawing euthanasia were lifted.

But doctors first need safeguards to protect the vulnerable and a strategy to urgently shore up palliative care “so that this is not seen as a first, or second or even third choice, but a choice that’s appropriate for people after all other reasonable options are exhausted,” he said. [Full text]