Nurses Triumphant! Human Rights Case Ends in Settlement

After a difficult five year struggle, eight Ontario health care professionals win the right to choose.

Markham-Stoufville, Ontario, Canada

Sue Careless*

Staff with religious objections will not be required to provide primary nursing care to a patient admitted for an abortion, but could be required to provide post-abortion nursing care. They would not, however, have to in any way participate “in the administration, monitoring or documenting of the pregnancy termination process.”

They did it!

After a five year battle, eight Ontario nurses won the right to refuse to assist in abortions at the Markham-Stoufville Hospital, just outside Toronto. The nurses had taken their fight to the Ontario Human Rights Commission, and one nurse, Ailene George, had filed a civil suit.

They hope their victory will be precedent-setting. “I want all nurses in the future to have the right to say, “No,” said Joanne Van Halteren, one of the eight. “This will have a ripple effect.”

The case was to be heard by the OHRC, but the sides reached a mediated settlement April 13 in which the hospital issued a policy respecting the nurses’ religious objections to performing abortions.

. . . The nurses’ battle took its toll. One nurse, Ann Mahon, died of cancer in May 1998. Others suffered stress-related illnesses. Una Clennon had a lump removed from her breast that her doctor believed was brought on by stress. [Full text]

 

Personal Qualms Don’t Count

Foothills Hospital Now Forces Nurses To Participate In Genetic Terminations

Calgary, Alberta, Canada

 Marnie Ko

 “The present mood is…chaotic, helpless, frustrated and highly emotional,” Sally wrote. In the past weeks, I have witnessed tears, breakdowns, illnesses, and stress such as never before…Sick calls have been high and experienced staff nearly impossible to recruit.”

 

Though the tiny infant had been condemned to die, distraught nurses at Calgary’s Foothills Hospital spent hours last August caring for it anyway.

“The mother didn’t want the baby, so we took turns rocking and holding it for 12 hours until it finally died,” says Foothills nurse “Catherine,” whose real name has been withheld to protect her job. “Nurses were only allowed to comfort the suffering infant, but this did not even include feedings.”

The rejected baby’s fate was sealed when it survived a “genetic termination,” an abortion performed only five weeks before the mother’s due date. Doctors had told her that her baby had lethal genetic defects. But Catherine could see only a baby. “I was sick for weeks,” she says. [Full text]