Project Submission to the College of Physicians and Surgeons of Ontario

Re: Physicians and the Ontario Human Rights Code

(11 September, 2008)

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]

 

Hospital Restricts Nurses’ Freedom of Conscience

Markham-Stoufville, Ontario, Canada

David Dooley

If the province can spend millions of dollars setting up abortion clinics, Stephens said, it can well afford to hire nurses prepared to take part in abortions, rather than forcing others to go against their consciences. . . . And if hospitals pride themselves on being responsive to the community, this one should make plain how the recent decision was made and why the nurses are under such compulsion.

In a column in the May issue of Thornhill Month, John Stephens asked, “Must it be a matter of either job or conscience?” Until now, he wrote, the Birthplace Unit at the Markham-Stoufville Hospital has been used as the name implies. Now, nurses in the unit who abhor abortions are being told either to assist at these procedures or accept transfer to another department. “For nurses who have developed great skill at the birthing process,” Stephens pointed out, “this means giving up the job they love, and losing the opportunity to practise their expertise. In other circles, this would be called wrongful dismissal.” [Full text]

Sweeney Defends Firings

Transition house workers fired, denied benefits for ‘misconduct’

North Bay, Ontario, Canada

Frank M. Kennedy

The implication of the Minister’s defence is clear. Government-funded  “independent” social agencies, such as homes for battered women, may freely adopt a pro-abortion policy and then dismiss pro-life employees.

The Honourable John Sweeney, Ontario Minister of Community and Social Services, recently defended the dismissal of three pro-life staff workers at the Nipissing Transition House, a home for battered women in North Bay, for refusing to go along with the pro-abortion policy of the board.

Employees fired

Lorainne Carbonneau, married and the mother of three children, was fired on December 23 of last year [after] five years as a full time worker and, at one time, the assistant co-ordinator. She was fired because she would not counsel women for abortions or refer them to any pro-abortion counsellor working at the Nipissing Transition House.

One week later, two others were let go. Carol Baillargeon, a child care worker, and Rae desBlois, a household manager, were both fired over the phone one week after Christmas, also because of their refusal to refer for abortions. There was no other criticism of their employment records. [Full Text]

 

Nurses Fight for Freedom

21 out of 30 paediatric nurses resign

Mississauga, Ontario, Canada

Michael Otis

 “The consequences for not meeting these expectations,” warns Bachle, “will be disciplinary action immediately, up to  and including termination.”

Some Toronto area hospitals are forcing nurses to perform abortions. At a press conference called on February 16 by Nurses for Life, spokeswomen Kathleen Winarski and Helen McGee detailed the situation of nurses who face discrimination or loss of employment for refusing to assist with abortions. In a letter released to the press, Margaret Madill, President of Nurses for Life called upon Health Minister Elinor Caplan to “give nurses the assurance that their personal and/or religious beliefs will not be violated by forced participation in the termination of human life.”

Last month the Paediateric and Gynaecology Departments of Mississauga’s Credit Valley Hospital were amalgamated. From now on, therefore, second trimester abortions will be carried out on the pediatric floor itself, by pediatric nurses. . . . [Full text]