Ontario physicians seek court protection from CPSO policy

For immediate release

Christian Medical and Dental Society of Canada

TORONTO – Dr. Diane Haak, President of the Christian Medical and Dental Society (CMDS), Woodstock emergency room physician Dr. Michelle Korvemaker, and CMDS executive director Larry Worthen announced, today, that they have filed documents asking the Court to declare that a new College of Physicians and Surgeons (CPSO) policy infringes upon Ontario doctors’ freedom of conscience.

“My conscience and religious beliefs do not allow me to engage in procedures to which I have a moral, ethical or religious objection. I, and all physicians in Ontario, have the right to practice medicine according to my conscience and free from state compulsion,” said Dr. Korvemaker.

Dr. Haak added, “This policy may force physicians who do not feel they can refer or perform procedures that go against their conscience to leave the practice of medicine.”

CMDS filed an application for declaratory relief asking the court to declare that portions of the CPSO’s March 6, 2015, policy breach sections of the Canadian Charter of Rights and Freedoms.

Said Larry Worthen, ”We firmly believe that it is possible to ensure access to  controversial procedures and pharmaceuticals in Ontario without trampling upon the constitutional rights of physicians”

The CPSO policy violates freedoms of conscience and religion by requiring physicians and surgeons to make formal referrals when their consciences don’t permit their performing a procedure or treatment. The policy also violates Charter freedoms by requiring them to perform procedures when certain circumstances arise.

 CMDS Canada represents some 1600 physicians and dentists across Canada (http://www.cmdscanada.org). The Canadian Federation of Catholic Physician’s Societies is also supporting the application.

-30-

For more information, please contact:      Larry Worthen  902-880-2495

Doctors make charter challenge on right to refuse care on religious grounds

Christian medical groups claim charter rights violated

CBC News

Christian medical professionals are challenging Ontario’s College of Physicians and Surgeons in court over a policy that requires doctors to provide or at least refer medical services, even when they clash with personal values.
In a statement of claim filed in Ontario’s Superior Court of Justice, two groups  –  the Christian Medical and Dental Society of Canada and the Canadian Federation of Catholic Physicians’ Societies  –  and five individual doctors say the college’s policy violates their rights under the Charter of Rights and Freedoms. . . [Full text]

Christian doctors’ group says new college policy infringes on freedom of conscience

Christian Medical and Dental Society seeks protection from a College of Physicians rule requiring doctors to refer patients seeking abortions and, once it’s legal, euthanasia.

Toronto Star

Lauren Pelly

With physician-assisted suicide on the horizon, the Christian Medical and Dental Society of Canada is asking the Ontario Superior Court to declare that a new regulatory policy infringes upon doctors’ freedom of conscience.

The society, which represents close to 1,700 members, filed documents in court on Friday regarding the CPSO’s Professional Obligations and Human Rights policy that was announced on March 6. The policy means doctors who refuse to refer patients for services on religious and moral grounds, including abortions, could face discipline from their regulating body. . . [Full Text]

 

CMDS Canada plans legal challenge to new Ontario College of Physicians policy

Note:  The following message has been sent to members of the Christian Medical Dental Society of Canada concerning the decision of the College of Physicians and Surgeons of Ontario to enact a policy that demands that physicians facilitate procedures to which they object for reasons of conscience by referring patients to a non-objecting colleague or agency.  It is reproduced here with permission.

We received the disappointing news today that the CPSO has passed their policy “Professional Obligations and Human Rights”. We ask that all members across the country join in prayer and ask our Lord to have mercy on us and to act to undo this policy that tramples on the constitutional freedoms of doctors of conscience.

We have already been in discussion with our lawyer Albertos Polizogopoulos who has been asked to prepare an application in court to have the policy struck down because it runs contrary to the Canadian Charter of Rights and Freedoms.

We are planning a press conference in Toronto to launch this court challenge in the next two weeks and we sincerely hope this stops other colleges from following suit. We know that Saskatchewan has a similar policy up for consideration, and other provinces might be considering this. We need to act quickly to try to stop other provinces from taking this step. Bryan Dias, national president of the Canadian Federation of Catholic Physician’s Societies has indicated that his organization will join in the application as well and other groups are also welcome.

We will be making a solicitation of members for this cause next week. We will be preparing to move legally in Saskatchewan as well if we are not successful with the Saskatchewan College.  We are going to try to raise $150,000 for this project. $25,000 has already been raised from the CMDS Canada Board of Directors alone. The money raised will also go towards a public awareness campaign and towards the development of a database of supporters.

Three doctors have come forward to be named in the court application in Ontario. We would encourage other Ontario doctors who feel strongly about this matter to come forward and allow their names to stand as well.  For more information, contact Larry at lworthen@cmdscanada.org

Many doctors are concerned about what to do in their practice now that the policy has been passed. We will be asking Albertos for his advice on this and will get back to you on this with a note very shortly.

One of the things we could consider is to try to get before the court quickly to ask that the policy be suspended until it gets before a judge, to hear the merits of the case.

One thing is for sure – please do not give up hope. We have a good legal strategy and alot of people pulling for us. There were over 16,000 submissions to CPSO on this issue and it has been reported that most were in favour of conscience rights generally. Most importantly, we have a God who is looking out for us and who wants us to continue His healing ministry. Let us keep each other in prayer and let us ask our respective congregations and parishes to pray for us as well.

Let’s not worry – because we know that the Lord has a plan.

Larry Worthen BA, MA (Th.), LLB
Executive Director
Christian Medical and Dental Society of Canada
Cell: (902) 880-2495

National Office:
1-197D Main Street  Steinbach MB R5G 1Y5 Phone: 204-326-2523
Fax: 204-326-3098 Toll Free:  1-888-256-8653 Website: www.cmdscanada.org

‘This is moral genocide’: Canadian doctors blast plans to force them into helping patients procure abortion

LifeSite News

Steve Weatherbe

REGINA, Saskatchewan, February 17, 2015 (LifeSiteNews.com) – Christian doctors across Canada are vowing to challenge the constitutionality of the requirement now being considered by the Saskatchewan medical profession that all its members be required to perform abortions or assist at suicides—or refer patients to other doctors who will.

“This is moral genocide,” Saskatoon emergency room doctor Philip Fitzpatrick says of the policy, already approved in principle without consultation with doctors or the public by the Saskatchewan College of Physicians and Surgeons.

“There’s no medical reason for these clauses overriding our consciences,” he continued. “The people who want euthanasia and abortion on demand just don’t like the fact somebody disagrees. They are trying to chase us out of the profession.”

“We have to sue the College if it approves this policy,” Larry Worthen, executive director of the Christian Dental and Medical Association of Canada, told LifeSiteNews. “Half our members will have to quit if it were enforced. It goes against their very reason for being in medicine.” . . .[Full Text]