Conscientious objection in assisted suicide cases under threat in Ontario

Crux

Kevin J. Jones

TORONTO, Canada – Conscience protections for Catholic hospitals and other organizations could soon come under fire in the Canadian province of Ontario, with one assisted suicide group saying they may challenge this legislation in court.

Deacon Larry Worthen, executive director of the Christian Medical and Dental Society of Canada, warned that it becomes very difficult to defend objections to assisted suicide once it becomes legal.

“Of course our position would be that there should be no requirement for faith-based institutions to be involved in assisted suicide or euthanasia,” the deacon said. “It’s appropriate that not only the institution, but the individuals should be protected as well.” . . . [Full text]

 

Ontario doctors fight law forcing them to help kill their patients

The Interim

Five doctors and three doctors’ groups were in an Ontario court June 13-15 arguing a policy from the College of Physicians and Surgeons of Ontario (CPSO) violates their Charter rights to freedom of conscience and religion. The CPSO forces doctors to refer patients for euthanasia and abortion, even when it violates their conscience or religion. Kathleen Wynne’s Liberal government intervened on behalf of the college.

The 2015 CPSO policy requires that doctors who object on religious or conscience grounds to providing certain procedures such as abortion and euthanasia must give patients seeking these practices an effective referral. This means directly handing over a patient to another colleague who will follow through with an abortion or euthanasia request. The doctors argue this implicates them in the immoral practices to which they object. . . . [Full text]

 

Ontario conscience rights case now in judges’ hands

Catholic Register

Michael Swan

TORONTO – Three days and nearly two dozen lawyers arguing the broad principles and technical details of constitutional law before a three-judge has panel left Christian Medical and Dental Society executive director Deacon Larry Worthen “cautiously optimistic.”

“The court certainly heard our arguments,” Worthen told The Catholic Register on June 15 outside the courtroom as lawyers shook hands and dispersed in the hallways of historic Osgoode Hall.

The trial before the Ontario Court of Justice was likely the first leg in a battle all the combatants expect will end in at the Supreme Court of Canada. Five dissenting Christian doctors who all object to abortion, chemical birth control, petri-dish human fertilization and assisted suicide asked the court to strike down a 2015 College of Physicians and Surgeons of Ontario rule that forces them to provide an “effective referral” for services they reject on the basis of their religious faith or conscience. . . [Full text]

 

Doctors have right to choose what services they perform

Toronto Sun
Reproduced with permission

John Carpay

Should the government be able to force a person to do something that she or he considers to be fundamentally wrong?

Dictatorships say yes, but free countries like Canada have always said no.

For example, those who believe that killing another person is never justified, not even in a war against an invading foreign power, are exempted from mandatory military service.

Ontario’s Superior Court of Justice is considering freedom of conscience this week, in a court action brought by the Christian Medical and Dental Society (CMDS) against the College of Physicians and Surgeons of Ontario (CPSO).

The college has adopted policies that require doctors to assist patients who want to commit suicide, and to provide abortions, even if those services conflict with a doctor’s conscience or ethics. The CPSO requires doctors to provide these services themselves, or provide an “effective referral” to another doctor.

There is no shortage of doctors who are willing to do abortions, and doctors willing to assist people who want to commit suicide. So these college policies are driven by ideology, not by any practical need.

The CPSO argues that it’s no big deal for doctors to refer patients for a service that the doctor sees as wrong, and that this is a fair compromise for objecting doctors. However, when the college prohibits doctors from mutilating the genitals of young girls (called “female circumcision” in some cultures), the college also bans referring for this medical service. Why? Because referring a patient (or the parents of a young girl) to another doctor amounts to active participation. It’s like saying, “I won’t take part in robbing the bank, but I will provide the robber with information as to where he can get his gun.”

The college argues that the rights of patients are in conflict with doctors’ freedom of conscience, and that patients’ interests should prevail over constitutional rights. But in fact, Canadian courts have repeatedly ruled that patients do not have a constitutional right to any particular medical procedure. In one Ontario case, a man with liver cancer was told he had eight months to live. Adolfo Flora then spent $450,000 in the U.K. for a living-related liver transplantation, which saved his life.

The government refused to reimburse the $450,000, insisting that the government has the sole right to determine what services would or would not be provided by its health-care monopoly. The court agreed, and ruled against Flora.

In Ontario and other provinces, it’s illegal for patients to buy private health insurance and private medical services. When Canadians have no right to access essential health services outside of the government’s monopoly, it makes no sense to argue that patients have a “right” to force unwilling doctors to do what those doctors consider to be wrong.

But even if the Canadian Charter of Rights and Freedoms provided patients with a right to health care, this would still not justify violating the Charter-protected freedom of conscience that doctors — and all citizens of a free society — enjoy.

 

 

Ontario conscience rights case goes to court

Catholic Register

Michael Swan

TORONTO – In historic Osgoode Hall, 17 lawyers along with eight banker boxes of documents were arrayed three benches deep in front of Justice Herman J. Wilton-Siegel, Justice Richard A. Lococo and Justice Wendy W. Matheson before lawyer Albertos Polizogopoulos made his opening arguments on behalf of the Christian Medical and Dental Society of Canada and in favour of the Charter right of doctors to practice medicine according to their conscience.

The CMDS, supported by the Canadian Federation of Catholic Physicians Societies, Canadian Physicians for Life and the Catholic Civil Rights League, is in Ontario Superior Court of Justice June 13-15 challenging the College of Physicians and Surgeons of Ontario over its “effective referral” policy. The policy forces doctors who object to abortion, birth control and assisted suicide to write an “effective referral” for the services to a willing and available doctor. Intervening on the side of the provincial regulatory body governing the practice of medicine is the Attorney General of Ontario.