Ontario court rules doctors who oppose assisted death must refer patients

The Globe and Mail

Sean Fine

In the first Canadian test of conscience rights for doctors who oppose assisted death, an Ontario court has upheld regulations requiring the objectors to refer their patients to physicians willing to perform the procedure.

Groups representing 4,700 Christian doctors had challenged Ontario’s regulations requiring the referrals, saying that making such a referral was morally equivalent to participating in an assisted death.

But Ontario’s Divisional Court said the referral rule was a reasonable limit on doctors’ freedom of religion because it protects vulnerable patients from harm. And those patients, it said, have a constitutional right to equitable access to publicly funded health care.

Without the policy of “effective referral,” equitable access would be “compromised or sacrificed, in a variety of circumstances, more often than not involving vulnerable members of our society at the time of requesting services,” Justice Herman Wilton-Siegel wrote in the 3-0 ruling on Wednesday. . . [Full text]

Doctors, advocacy groups address proposed law protecting those who object to assisted dying

CBC News

Holly Caruk

Dr. Frank Ewert wants protection from having to help a patient die — but Dying with Dignity Canada doesn’t want that to happen at the cost of patients receiving full access to end-of-life options.

“When I started back a number of years ago and vowed to follow the Hippocratic oath, I meant it. It was very profound to me, it resonated with my core beliefs, that I would always respect life, that I would do nothing to harm a patient,” Ewert told a legislative committee on Monday evening. . . [Full text]

 

Proposed legislation to protect health professionals who object to assisted dying called ‘one-sided’

Dying with Dignity Canada says Bill 34 doesn’t protect patients’ rights to access assisted dying

CBC news

Holly Caruk

A bill that would protect Manitoba health professionals’ rights to refuse assisted dying services and protect them from reprisals is being called redundant and one-sided.

Bill 34, which was introduced in May and hasn’t yet reached a second reading in the House, would ensure health professionals cannot be compelled to go against their own religious or ethical beliefs when it comes to providing medical assistance in dying (MAID) services.

It would also ban any professional regulatory body from requiring members to participate in medically assisted deaths, which were made legal by the Supreme Court in 2015. . . [Full text]

 

Ensuring access to euthanasia by encouraging physician participation: it’s complicated

Sean Murphy*

In July, 2017, Canadian euthanasia/assisted suicide (EAS) practitioners and advocates alleged that patient access to euthanasia and assisted suicide was in danger because of “barriers” and “disincentives” to physician participation. Dr. Stefanie Green, president of their professional association, described the situation as “a crisis.”1 There was, in fact, no crisis — only a false perception of crisis fuelled by unrealistic expectations about levels of physician participation in euthanasia and assisted suicide.2

Nonetheless, it is reasonable for policy makers to respond to their concerns that physicians are discouraged from participating in euthanasia and assisted suicide. Indeed, objecting physicians are less likely to experience disadvantage and coercion if policy-makers seriously consider suggestions by EAS practitioners and advocates about how to encourage physician participation in euthanasia.

Removing barriers and disincentives to physician participation

Minimizing procedural and administrative requirements
Returning to the complaints and concerns of Canadian euthanasia practitioners (see Canada’s Summer of Discontent2), reducing or streamlining procedural requirements and minimizing burdensome paperwork might encourage more physicians to participate. However, this raises a question that may prove difficult to answer. Is a procedural requirement a “barrier” — or a necessary safeguard? A “disincentive” — or an essential ethical prerequisite? The difficulty is illustrated by developments in Belgium. . . .[Full text]

Stand-off with Catholic hospitals as euthanasia gains traction in Canada

Bioedge

Xavier Symons

As euthanasia rates increase in the Canadian province of Ontario, pressure is mounting on Catholic Healthcare providers to abandon their blanket opposition to Medical Assistance in Dying (MAiD).

Over 630 Ontarians have received MAiD since the procedure was legalised in Canada in 2015, according to data from the provincial coroner, yet none of these cases has taken place in a Catholic healthcare facility.

Lobby groups are now calling for sanctions on Catholic healthcare providers, particularly in light of the public funding these providers receive.

Dying With Dignity Canada CEO Shanaaz Gokool told CBA News that her organisation is considering a legal challenge of Catholic hospitals’ right to conscientiously object to participation in euthanasia.

Gokool says that the Catholic healthcare policy of transferring MAiD patients to secular facilities places an undue burden on patients. “It really depends on how precarious their physical medical condition is,” she said. “And if they are in a precarious state physically, then that can cause them more trauma.”

Ontario health minister Eric Hoskins said that access to MAiD was not currently a problem. “We’re obviously monitoring it very, very closely and currently don’t have those concerns in terms of access,” he told CBA News. “And about half of medical assistance in dying happens at home”.


Stand-off with Catholic hospitals as euthanasia gains traction in CanadaThis article was published by Xavier Symons and BioEdge under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation to BioEdge. Commercial media must contact BioEdge for permission and fees.