Tag: Christian Medical and Dental Association (Canada)

Tunnel vision at the College of Physicians

National Post

Sean Murphy* 

The College of Physicians and Surgeons of Ontario has adopted a policy requiring physicians who have moral or ethical objections to a procedure to make an “effective referral” of patients to a colleague who will provide it, or to an agency that will arrange for it. In 2008, amidst great controversy, the Australian state of Victoria passed an abortion law with a similar provision.

After the law passed, a Melbourne physician, morally opposed to abortion, publicly announced that he had refused to provide an abortion referral for a patient. This effectively challenged the government and medical regulator to prosecute or discipline him. They did not. The law notwithstanding, no one dared prosecute him for refusing to help a woman 19 weeks pregnant obtain an abortion because she and her husband wanted a boy, not a girl.

They obtained the abortion without the assistance of the objecting physician, and they could have done the same in Ontario. College Council member Dr. Wayne Spotswood, himself an abortion provider, told Council that everyone 15 or 16 years old knows that anyone refused an abortion by one doctor “can walk down the street” to obtain the procedure elsewhere.

So why did the College working group that drafted the demand for “effective referral” urge College Council to adopt a policy that so clearly has the potential to make the College look ridiculous? . . .[Full text]

Ontario physicians seek court protection from CPSO policy

For immediate release

Christian Medical and Dental Society of Canada

TORONTO – Dr. Diane Haak, President of the Christian Medical and Dental Society (CMDS), Woodstock emergency room physician Dr. Michelle Korvemaker, and CMDS executive director Larry Worthen announced, today, that they have filed documents asking the Court to declare that a new College of Physicians and Surgeons (CPSO) policy infringes upon Ontario doctors’ freedom of conscience.

“My conscience and religious beliefs do not allow me to engage in procedures to which I have a moral, ethical or religious objection. I, and all physicians in Ontario, have the right to practice medicine according to my conscience and free from state compulsion,” said Dr. Korvemaker.

Dr. Haak added, “This policy may force physicians who do not feel they can refer or perform procedures that go against their conscience to leave the practice of medicine.”

CMDS filed an application for declaratory relief asking the court to declare that portions of the CPSO’s March 6, 2015, policy breach sections of the Canadian Charter of Rights and Freedoms.

Said Larry Worthen, ”We firmly believe that it is possible to ensure access to  controversial procedures and pharmaceuticals in Ontario without trampling upon the constitutional rights of physicians”

The CPSO policy violates freedoms of conscience and religion by requiring physicians and surgeons to make formal referrals when their consciences don’t permit their performing a procedure or treatment. The policy also violates Charter freedoms by requiring them to perform procedures when certain circumstances arise.

 CMDS Canada represents some 1600 physicians and dentists across Canada (http://www.cmdscanada.org). The Canadian Federation of Catholic Physician’s Societies is also supporting the application.

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For more information, please contact:      Larry Worthen  902-880-2495

Doctors make charter challenge on right to refuse care on religious grounds

Christian medical groups claim charter rights violated

CBC News

Christian medical professionals are challenging Ontario’s College of Physicians and Surgeons in court over a policy that requires doctors to provide or at least refer medical services, even when they clash with personal values.
In a statement of claim filed in Ontario’s Superior Court of Justice, two groups  –  the Christian Medical and Dental Society of Canada and the Canadian Federation of Catholic Physicians’ Societies  –  and five individual doctors say the college’s policy violates their rights under the Charter of Rights and Freedoms. . . [Full text]

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

CPSS undermines, Supreme Court of Canada affirms conscience rights for Saskatchewan doctors

News Release

Christian Medical Dental Society of Canada

SASKATOON, March 6, 2015 /CNW/ – Several Saskatchewan physicians, including Dr. Amos Akinbiyi, Dr. Philip Fitzpatrick, and Dr. Randy Friesen, released a letter and legal brief (see below), today, describing how the conscience rights of Saskatchewan doctors are undermined by the College of Physicians and Surgeons of Saskatchewan (CPSS) draft policy on requirements for physicians and surgeons and upheld by the Supreme Court of Canada’s recent decision on assisted suicide in Carter, et al.

Said Dr. Philip Fitzpatrick, “In the recent Carter decision from the Supreme Court, they made explicit reference to conscience rights, and that physicians could not be forced to participate in an abortion or euthanasia. But the CPSS’s draft policy would require me to make a formal referral to another physician where my conscience would not permit me to do those procedures, and could require me to do it myself.”

The letter and brief (see below) were initiated by physicians who are members of the Christian Medical and Dental Society of Canada (CMDS) and the Canadian Federation of Catholic Physicians’ Societies (CFCPS).

CPSS is circulating a draft policy that would require physicians and surgeons to make a formal referral of patients to a physician or surgeon who would be willing to perform the legally permissible and publicly funded health services, irrespective of conscience rights. If another physician were not available to perform the service, the physician would be required to provide the service, whether or not performing the service conflicted with conscience.

“The CPSS seems to be creating conflicts between medical doctors’ conscience rights and patient care unnecessarily. No doctors concerned about conscience rights would put their patients’ health and well-being in jeopardy. I find that patients are very appreciative of my concern for their health and of my outlining all the options and alternatives for treatment,” said Dr. Friesen.

In their letter to CPSS and the accompanying legal brief, the Saskatchewan doctors outlined their concerns with the draft policy and how a few amendments to it would provide the conscience rights protections upheld by the Court.

“Saskatchewan is a dynamic province with a growing population. Saskatchewan needs physicians, especially General Practitioners. GPs would be most affected by the CPSS policy. Our province will have a hard time keeping and recruiting GPs to serve communities where they would be required by the policy as now drafted to make care decisions they believe will harm patients,” added Dr. Akinbiyi.

CMDS represents more than 1600 physicians, surgeons and dentists across Canada and CFCPS is a national association of Catholic physicians’ guilds, associations and societies from eleven cities across Canada.

Letter: http://goo.gl/nKi6JN and the Legal Brief: http://goo.gl/Nf3Bp7.

SOURCE Christian Medical and Dental Society of Canada

For further information: Larry Worthen, (902) 880-2495