Ontario physicians stand up for conscience rights
Doctors protest ruling requiring participation in controversial procedures
ORILLIA, ON—The Christian Medical and Dental Society (CMDS) has taken the College of Physicians and Surgeons of Ontario (CPSO) to court in defence of conscience rights for Ontario medical professionals.
CMDS members believe their Charter rights of freedom of conscience and freedom of religion are being violated by a new policy the College issued in mid-March, which requires all Ontario physicians to refer patients for controversial procedures such as euthanasia and abortion.
“Our feeling is that we have a Charter right not to have our consciences infringed and that the College has to demonstrate exactly why they feel there is a requirement to infringe the conscience rights of Christian physicians,” explains Larry Worthen, executive director of CMDS.
Worthen says they object to the policy on several grounds in addition to its requiring doctors to make controversial referrals. He explains the policy vaguely refers to “emergency situations” where physicians would be required to actually perform procedures that go against their conscience or religious beliefs.
“They talk about an ‘emergency situation,’ but they don’t define what an emergency is,” he states. “That leads us to ask what kind of emergency. How are our conscience rights protected if all someone has to do is invoke this ‘emergency clause’ and that would require us to do something that goes against our consciences?”
Worthen’s concern has a historical precedent. Abortion was first legalized in Canada in 1969, but then only in cases where there was risk to the woman’s health. However, numerous pro-life organizations say that by 1988, when the Supreme Court of Canada struck down all Canada’s remaining laws restricting abortions, the “woman’s health clause” was being loosely used to include her financial or even social health.
Worthen says both the College and various abortion and euthanasia advocate groups are aggressively targeting Christian physicians.
“The attitude of the College is that if people are not prepared to do these things they should leave medicine. We would like the courts to clearly send a message to the CPSO that they can’t trample on the conscience rights of physicians. We have a right to practise. We have a right to our profession. We want to continue to serve our patients and not be forced out of the medical profession.”
Diane Haak, an Ontario anaesthetist and also the president of CMDS, says her obligation to her patients has never been in conflict with her faith until the College issued their recent policy. She says her colleagues have always respected her decision not to be involved in providing anaesthetics for abortions, however, under the new policy, she won’t have that right.
“I hope I never have to deal with that situation. I have thought it through and would not leave the province to avoid this happening, nor would I go against my moral belief that I can’t be involved with abortions. If that situation arose I would have to face the College.”
Haak says she believes there is an intentional agenda against the Christian faith by a small, but increasing group of people.
“It’s puzzling that they would make this decision when it is unnecessary to do so. The procedures that are morally controversial can all be self-referred. It is a big dilemma for Christian physicians and I believe [these attacks] will start to move into other work sectors.”
However, despite the current climate, Worthen is hopeful.
“I’m quite optimistic about this [court challenge]. In the recent Carter case [on euthanasia], the Supreme Court of Canada clearly stated that no one could be forced to perform an abortion or participate in euthanasia. They also said that participation in euthanasia is a conscience issue. We feel that is a signal to people like the CPSO that they have to accommodate people who do not agree with ending the lives of patients, whether in the womb or otherwise.”
While they wait for a court date to be set, CMDS has launched a fund-raising campaign, with a goal to raise $150,000 to cover legal fees.
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