Tag: Carter v. Canada

Project intervenes in the Supreme Court of Canada

News Release

Protection of Conscience Project

Today the Protection of Conscience Project joined the Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance in a joint intervention at the Supreme Court of Canada in Carter v. Canada, a case seeking the legalization of euthanasia and physician assisted suicide.

The appeal necessarily involves the issue of freedom of conscience for healthcare providers.   An indeterminate number of healthcare providers consider killing patients or assisting in suicide morally or ethically abhorrent. Their views  are consistent with the current Canadian legal framework, which would be fundamentally changed if euthanasia and assisted suicide were legalized.  Such a change in the law would generate demands that physicians and other healthcare providers directly or indirectly participate in what they consider to be gravely immoral activities.

In the event that the Supreme Court strikes down the criminal law as it relates to euthanasia or assisted suicide, the intervention urged the Court to “make clear to the legislature that any legislation in this area must protect the freedom of conscience of healthcare providers,” ensuring that “healthcare providers are not directly or indirectly coerced into becoming parties to killing patients or assisting patients kill themselves.”

In a Backgrounder on the intervention, Project Administrator Sean Murphy notes the need for robust protection for freedom of conscience among healthcare providers if the law is changed. In that case, he argues, direction from the Court will be needed “to correct a dangerous error that has become increasingly widespread: that the state or a profession may impose upon people a duty to do what they believe to be wrong – even if that means killing people.”

Elsewhere, he observes that the history of abortion law reform in Canada demonstrates that healthcare providers “cannot rely on mere promises of tolerance and respect for freedom of conscience.”

” The greater the demand for a procedure -whether the demand arises from the number of patients or from ideological rights claims –  the sooner objecting health care workers will face discrimination, harassment and coercion. ”

The intervention was presented on behalf of the interveners by Robert Staley, with the participation of Ranjan Agarwal, Jack Maslen, and Sheridan Scott, all of Bennett Jones LLP, together with CCRL President, Philip Horgan.  27 interventions were approved by the Court.

A decision is expected in the Spring of 2015.

 

There’s no “mushy middle” on euthanasia

Mercatornet

Margaret Somerville*

Many know the saying “You have to fish or cut bait”. Many fewer know the law’s equivalent, “You can’t approbate and reprobate”. But the Canadian Medical Association’s recent dealing with their 2007 Policy on Euthanasia and Assisted Suicide makes it seem they are unaware of the warning and wisdom these axioms communicate.

That CMA policy unambiguously declares: “Canadian physicians should not participate in euthanasia or assisted suicide.”  Despite that, a motion passed at the recent CMA General Council meeting, which ostensibly was meant only to ensure freedom of conscience, has allowed the CMA to make the following statement in its intervener factum in the upcoming appeal in the Supreme Court of Canada in the Carter case:

“As long as such practices [as euthanasia and assisted suicide] remain illegal, the CMA believes that physicians should not participate in medical aid in dying. If the law were to change, the CMA would support its members who elect to follow their conscience [either to refuse or to undertake euthanasia and assisted suicide].”

[Full text]

Doctor-assisted death appropriate only after all other choices exhausted, CMA president says

Canada.com

Sharon Kirkey

Doctor-hastened death would only be appropriate after all other reasonable choices have been exhausted, says the head of the country’s largest doctors’ group.

Dr. Chris Simpson, newly installed president of the Canadian Medical Association, made the comments in advance of a landmark Supreme Court of Canada hearing expected to add fuel to the emotional end-of-life debate gaining urgency across Canada.

Simpson said there are enough doctors in Canada willing to perform doctor-hastened death, if the federal ban outlawing euthanasia were lifted.

But doctors first need safeguards to protect the vulnerable and a strategy to urgently shore up palliative care “so that this is not seen as a first, or second or even third choice, but a choice that’s appropriate for people after all other reasonable options are exhausted,” he said. [Full text]

Canadian Medical Association softens stand on assisted suicide

Globe and Mail

André Picard

The Canadian Medical Association, which has a long-standing policy saying doctors should not participate in euthanasia or assisted suicide, is substantially softening its stance.

Delegates to the organization’s general council decided Tuesday that the CMA now “supports the right of all physicians, within the bounds of existing legislation, to follow their conscience when deciding whether to provide medical aid in dying.”

The carefully crafted position is an acknowledgment that, while assisting death is still a crime in Canada, the attitudes of Canadians, including those of physicians, are changing quickly, and so is the law.

While the group’s official policy has not changed, “it’s only a matter of time,” said Louis Francescutti, outgoing president of the CMA. Dr. Francescutti said the “conscience” resolution, which was adopted by an overwhelming 91 per cent of delegates, means that the CMA supports a doctor’s right to refuse to hasten the death of a terminally ill patient, but it will also support a doctor’s right to hasten death if the law allows.[Full text]

 

Canadian doctors want freedom to choose whether to help terminal patients die

CMA to revisit issue of doctor-assisted death after delegates pass motion supporting physician’s right to ‘follow their conscience’

canada.com

Sharon Kirkey

Canada’s doctors say they should be free to choose whether to help terminally ill patients kill themselves if the federal ban outlawing euthanasia is overturned.

Delegates at the Canadian Medical Association‘s annual general meeting in Ottawa overwhelmingly passed a motion Tuesday supporting the “right of all physicians, within the bounds of existing legislation, to follow their conscience when deciding whether to provide medical aid in dying.”

The CMA is formally opposed to euthanasia  –  a stance its leaders indicated would now be revisited as the emotionally charged issue takes on new urgency in Canada.

The Supreme Court of Canada is set to hear a constitutional challenge of the criminal ban on doctor-assisted death in October, while Quebec has introduced Bill 52, legislation allowing doctors help end the lives of terminal patients suffering “unbearable physical or psychological pain.”

The CMA defines “medical aid in dying” as euthanasia or physician-assisted death.[Full text]