New hope for Ontario doctors’ conscience fight

The Catholic Register

Michael Swan

New evidence heard in court has given Ontario’s medical conscientious objectors renewed hope.

Two days of hearings before the Ontario Court of Appeal Jan. 21-22 has provided Christian Medical and Dental Society (CMDS) executive director Deacon Larry Worthen a dollop of confidence as he waits for a decision from the three-judge panel.

“We gave a very good presentation,” Worthen told The Catholic Register after the appeal. “There were some new arguments. There was new evidence.”

The three-judge panel’s ruling has been reserved, with observers expecting a decision in March. . . [Full text]

New hope for Ontario doctors’ conscience fight

The Catholic Register

Michael Swan

New evidence heard in court has given Ontario’s medical conscientious objectors renewed hope.

Two days of hearings before the Ontario Court of Appeal Jan. 21-22 has provided Christian Medical and Dental Society (CMDS) executive director Deacon Larry Worthen a dollop of confidence as he waits for a decision from the three-judge panel. . . Full Text

The CCRL Participates In Ontario Court of Appeal with Oral Arguments in Support of Physicians’ Conscience Rights

News Release

Catholic Civil Rights League

Toronto, ON January 25, 2019 – The Catholic Civil Rights League (CCRL) participated with oral arguments in the CMDS et al v. CPSO hearing at the Ontario Court of Appeal on January 21 and 22. Individual Catholic and Christian doctors and organizations had challenged the College of Physicians and Surgeons of Ontario (CPSO), which over the course of the past three years had stipulated an “effective referral” regime, forcing Ontario doctors who objected to morally objectionable procedures to provide an “effective referral” to a willing doctor for such services. Previously, doctors were relieved from any such obligation. Ontario is the only provincial or territorial jurisdiction which has made such demands of its doctors.

The Ontario Divisional Court had ruled in favour of the CPSO, on January 31, 2018, despite finding that the religious freedom of doctors had been infringed. The appellants and the League, in conjunction with the Faith and Freedom Alliance and the Protection of Conscience Project, had argued that such “effective referrals” made objecting doctors complicit in the provision of the objectionable procedures, such as abortion, or assisted suicide. The previous court decision allowed the infringement as a modest incursion into the rights of physicians, in the context of the ability of patients to access publicly available “services”. Moreover, the court previously ruled that objecting physicians could re-arrange their practice specialties to “accommodate” such referrals. The doctors and their respective organizations appealed.

In addition to the arguments presented by the lawyers for the appellants, the CCRL and its partners raised the particular arguments that such demands were in breach of the conscience rights of Ontario doctors, as forcing individuals to do something that they considered “wrong”, and was a form of enforced servitude.

Click here to view the CCRL’s written factum, submitted in November 2018, which made reference to important principles of law and philosophy, quoting Martin Luther King Jr., Jacques Maritain, and others.

At the appeal hearings, held at Toronto’s Osgoode Hall, arguments focused on whether the CPSO could justify its referral policy as a “reasonable limit” on the rights of objecting doctors. The CCRL’s lawyer, Mr. Emrys Davis, submitted that moral rights are central to one’s sense of human dignity, and that it was unacceptable to marginalize objecting physicians as religious extremists. Moreover, given that the Ontario Medical Association likewise opposed the “effective referral” regime, such concerns were shared by a large numbers of Ontario doctors. The CCRL and its partners argued that the referral requirement imposed the values of the state upon individuals, forcing them to violate their own constitutionally protected consciences, without justification.

The CPSO’s lawyers had suggested that objecting doctors could go so far as to instruct an intake employee to make the proposed referrals on their behalf. We argued that such doctors would still be responsible morally to such a proposal, and would be left with no meaningful choice. Telling an employee to commit an immoral act would still offend the consciences of objecting doctors. The choice imposed by the CPSO was either to violate one’s conscience, or become subject to professional discipline for refusing to make such referrals.

In his closing remarks, Chief Justice of Ontario George Strathy thanked the many interveners for bringing their unique viewpoints and knowledge to the assistance of the court, which reserved its decision to a later date. The CCRL thanks the fine work of our lawyers at Bennett, Jones in Toronto, for its efforts on behalf of our interveners.


About the CCRL

Catholic Civil Rights League (CCRL) (www.ccrl.ca) assists in creating conditions within which Catholic teachings can be better understood, cooperates with other organizations in defending civil rights in Canada, and opposes defamation and discrimination against Catholics on the basis of their beliefs. The CCRL was founded in 1985 as an independent lay organization with a large nationwide membership base. The CCRL is a Canadian non-profit organization entirely supported by the generosity of its members.

To donate to the CCRL, please click here.

For further information: Christian Domenic Elia, PhD CCRL Executive Director 416-466-8244 @CCRLtweets

Protection of Conscience at the Ontario Court of Appeal

News Release

Protection of Conscience Project

On 21/21 January the Protection of Conscience Project jointly intervened at the Court of Appeal of Ontario to support freedom of conscience against an oppressive policy of Ontario’s state medical regulator, the College of Physicians and Surgeons of Ontario (CPSO). CPSO policies demand that physicians who object to morally contested procedures – including euthanasia and assisted suicide – must help patients find a colleague willing to provide the contested services.

The Court was hearing the appeal of the Christian Medical and Dental Society of Canada, the Canadian Federation of Catholic Physicians’ Societies, Canadian Physicians for Life and five individual physicians against an Ontario Divisional Court decision . The Divisional Court had ruled in favour of the CPSO, ruling, in effect, that physicians unwilling to do what they believed to be wrong by providing “effective referrals” were free to move to medical specialties where they would not face conflicts of conscience.

Expert evidence from the appellants indicated that it is extremely difficult for physicians to retrain, and that only 2.5 per cent of all physician positions in Canada would be “safe” for objecting physicians: pathology, hair loss, obesity medicine, sleep disorders and research were among the few available specialities.

The appellants’ submissions were supported by the intervention of the Ontario Medical Association, representing more than 41,000 practising and retired physicians, medical students and residents.

Joining the Project as “Conscience Interveners” were the Catholic Civil Rights League and Faith and Freedom Alliance. The joint submission noted the difference between perfective freedom of conscience (doing what one believes to be good) and preservative freedom of conscience (refusing to do what one believes to be wrong), a distinction hitherto ignored in judicial analysis.

Acknowledging that freedom of conscience can be limited to safeguard the common good, the Conscience Interveners argued that it does not follow that limits on perfective and preservative freedom of conscience can be justified on the same grounds or to the same extent.

The joint intervention drew the Court’s attention to the opinion of Supreme Court Justice Bertha Wilson in R v. Morgentaler, the only extended discussion of freedom of conscience in Canadian jurisprudence. Justice Wilson’s reasoning drew upon the key principle that humans are not a means to an end, and we should never be exploited by someone as a tool to serve someone else’s good – a principle championed by people like Martin Luther King Jr.

This principle – identified as the principle against servitude – was proposed as a principle of fundamental justice, a novel and constitutionally significant assertion. Alternatively, the Conscience Interveners argued that the principle against servitude is so foundational to human rights and freedoms it is difficult to imagine how violating it might be justified.

Forcing someone to participate in perceived wrongdoing demands the submission of intellect, will, and conscience, and violates the principle against servitude by reducing that person to the status of a tool to be used by others. This manner of servitude cannot be reconciled with principles of equality. It is an assault on human dignity that deprives physicians of their essential humanity.

Factum of the Conscience Interveners

The Evangelical Fellowship of Canada, B’nai Brith, and the Justice Centre for Constitutional Freedoms intervened in support of the physician appellants. Dying With Dignity Canada and the Canadian Civil Liberties Association intervened against them.

The Court reserved its decision.

Related: CCRL news release

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

Group challenges ruling requiring doctors to give referrals for services that clash with beliefs

CTV News

Paola Loriggio

TORONTO — Ontario doctors challenging a court ruling that found physicians must give referrals for medical services that clash with their moral or religious beliefs say there is no proof that removing that requirement would hamper patients seeking treatment.

A group of five doctors and three professional organizations is appealing a divisional court decision that upheld a policy issued by the province’s medical regulator, arguing the lower court made several errors.

The group, which includes the Christian Medical and Dental Society of Canada, the Canadian Federation of Catholic Physicians’ Societies and Canadian Physicians for Life, is asking Ontario’s highest court to strike down the policy. The case is set to be heard in Toronto on Monday and Tuesday. . . [Full text]