Conscience Project critiques Ontario Physicians College euthanasia/assisted suicide policy

Referral, urgent situations, death certificates, criminal law

News Release

For immediate release

Protection of Conscience Project

Conscience Project critiques Ontario Physicians College euthanasia/assisted suicide policy

Powell River, BC. (28 April, 2021) The 2019 decision of the Ontario Court of Appeal supporting the College of Physicians and Surgeons of Ontario was not the last word on the subject of physician freedom of conscience.

That message was delivered to the College by the Protection of Conscience Project in a submission responding to the College’s request for public feedback on its policy, Medical Assistance in Dying (MAiD). The submission focuses primarily on the College demand that physicians unwilling to provide euthanasia or assisted suicide (EAS) for reasons of conscience provide an “effective referral”: that is, connect the patient directly with someone willing to provide a lethal injection or assist with suicide.

The submission on MAiD addresses three points unique to euthanasia and assisted suicide.

Conflicts in urgent situations: If a patient is approved for EAS at some future date, a sudden deterioration of the patient’s condition may cause the patient to ask for immediate relief by EAS. In the absence of an EAS practitioner, other practitioners may be willing to alleviate the patient’s distress by palliative interventions, but not to provide EAS. The Project suggests how this conflict can be avoided.

Falsifying death certificates: Falsification of death certificates is contrary to accepted international standards and can be considered deceptive, unethical or professionally ill-advised. The Project suggests how EAS practitioners unwilling to falsify death certificates can be accommodated by the College and Office of the Chief Coroner even if current government policy does not change.

Criminal law limits on College policy: The Project’s position is that the College cannot proceed against practitioners who, having the opinion that a patient is not eligible for EAS, refuse to do anything that would entail criminal responsibility for homicide/assisted suicide, including “effective referral.” Further, to advise or attempt to coerce them to present EAS as treatment options or to participate by effective referral would seem to be a criminal offence. Finally, since counselling suicide remains a criminal offence, it appears that practitioners cannot be compelled to present assisted suicide or MaiD as treatment options unless a patient has expressed an interest in the services.

The College’s clarification that it does not require objecting practitioners to personally kill their patients is welcome. However, the Project’s position is that this ought to be the norm in a democratic society, not a “concession”or an element in the “accommodation” of freedom of conscience.

While the submission includes specific policy recommendations within the existing MAiD policy framework, it recommends that the College adopt a single protection of conscience policy in line with “the basic theory” of the Canadian Charter of Rights affirmed by the Supreme Court of Canada and consistent with rational moral pluralism. Such a generally applicable policy is included in the simultaneous Project submission to the College on Professional Obligations and Human Rights.

Public consultations on Professional Obligations and Human Rights [Consultation Page] and Medical Assistance in Dying [Consultation Page] are open until 14 May, 2021.

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

Tasmania third state to approve euthanasia

The Canberra Times

Australian Associated Press

Tasmania will become the third Australian jurisdiction to legalise voluntary assisted dying after the legislation passed the state’s upper house.

Legislative Council members supported the End of Life Choices (Voluntary Assisted Dying) Bill late on Tuesday night, approving amendments from the lower house.

The lower house had backed the bill in a 16-6 vote in early March, with Premier Peter Gutwein among a handful of Liberals to support it.

The upper house, where the legislation was introduced by Independent Mike Gaffney, had already passed the bill unanimously late last year. . . continue reading

Spain legalises euthanasia and assisted suicide despite conservative opposition

Euronews

Spain became on Thursday the fifth country in Europe to legalise assisted suicide and euthanasia for long-suffering patients of incurable diseases and people with unbearable permanent conditions.

The Spanish parliament’s lower house voted 202-140 with two abstentions on the final passage of the euthanasia bill.

MPs from Spain’s left-wing governing coalition and other parties supported it, while conservative and far-right lawmakers voted against the legislation, vowing to overturn it in the future. . . continue reading

Canada has a new law on medical assistance in dying. Here’s what it means

The Standard

Jacques Gallant

More Canadians will now have access to medical assistance in dying.

The federal government’s Bill C-7, which revamps the country’s assisted dying regime, received royal assent and became law, after the Senate signalled its agreement Wednesday with the House of Commons on the contents of the bill.

“This law will respect the autonomy of Canadians while protecting the vulnerable,” tweeted Justice Minister David Lametti following the Senate vote.

The bill’s passage follows more than a year of bitter debate over medical assistance in dying (MAiD) in Canada. Some have argued that the government’s previous MAiD law did not go far enough and excluded too many people, while others have strenuously denounced C-7 as going too far and sending the message that the lives of people with disabilities have less value. . . continue reading

New Mexico Senate passes medically assisted suicide bill

Associated Press

Cedar Attanasio

SANTA FE, N.M. (AP) — The New Mexico state Senate has passed a law that would remove criminal and civil liability for medical professionals who assist in the death of terminally ill patients who have chosen to end their life.

The Elizabeth Whitfield End-of-Life Options Act is named for a former New Mexico judge who testified in support for a right to die for the terminally ill in 2017. She died of cancer the following year. . . . continue reading