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]

 

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.

 

Constitutional lawyers debate conscience rights

BC Catholic

Deborah Gyapong

Legal experts squared off in a debate on physicians’ conscience rights March 16 in a debate hosted by the University of Ottawa’s law school.

Albertos Polizogopoulos, representing five Ontario doctors challenging Ontario College of Physicians and Surgeon policies requiring effective referral on procedures such as abortion and euthanasia, argued for conscience rights. He argued Section 2(a) of the Canadian Charter of Rights and Freedoms provides such protection. . .

 

Queen’s University Senior Contracts Negotiator Ricardo Smalling argued physicians’ conscience rights must be balanced with the rights of patients who are seeking care in their “weakest” moments.

Highlighting the “subjective nature of conscience,” Smalling said eliminating conscientious objection “is the only way to ensure there is a predictable framework that guarantees a patient’s health care.” . . . [Full text]

 

Christian doctors challenge Ontario’s assisted-death referral requirement

Globe and Mail

Sean Fine

Groups representing more than 4,700 Christian doctors across the country have launched a court challenge to Ontario regulations that require them to refer patients to physicians willing to provide an assisted death, arguing the referrals are morally equivalent to participating in the procedure.

The College of Physicians and Surgeons of Ontario, however, takes issue with the faith groups’ position. “An effective referral does not foreshadow or guarantee an outcome,” college spokeswoman Tracey Sobers said in an e-mail.

Ewan Goligher, a doctor who works in the intensive care unit at Mount Sinai Hospital in Toronto, said he considers himself a conscientious objector to doctor-assisted dying and supports the court challenge. “I think the patient is of greater value than their preference, and I cannot lift my hand to destroy that which is of fundamental value,” he said in an interview. . . [Full Text]