MAiD – Failure to Protect Conscience Rights

In a deliberate ploy, on the part of the current federal government, Bill C14, the legislation to implement Medical Aid in Dying (MAiD) across Canada failed to include protection of conscience rights for medical professionals who object to participation in MAiD based on their personal, deeply held faith and religious beliefs. (See: July 18 Blog Post below for more info.)

Already the fallout from the lack of legislative protection when the legislation was introduced is being seen across Canada. The very real danger is that this failure to guard and protect the conscience rights of those involved with MAiD will spread, jeopardizing the well being of those who wish to practice their medical professions in accordance with the dictates of their consciences.

While the Canadian Charter of Rights & Freedoms, in Section 2: (a), clearly delineates the freedom of conscience and religion as one of the four “Fundamental Freedom,” the Superior Court of Ontario recently ruled in favor of the College of Physicians and Surgeons of Ontario to uphold the policy they have adopted that requires CPSO members to refer patients for MAiD, regardless of their personal beliefs. The Court decision says the individual right of the patient to medical care trumps the conscience rights of the attending medical personnel.

This erosion of conscience rights has widespread consequences on the professional practice of physicians and surgeons practicing in Ontario. It could cause them to leave their profession or leave the province of Ontario to practice elsewhere, as has happened in other jurisdictions where conscience rights have not been protected.

While in Alberta, AHS has adopted an ‘opt in’ policy that provides for those who are favor and support MAiD to elect to become practitioners. The ‘opt in’ policy serves to protect anyone who, in good conscience, does not want to become engaged in the practice. However, it is necessary to remain alert to what is happening here. Given the legal judgment in favor of the policy of the Ontario College of Physicians and Surgeons, it would not be outside the realm of possibility that the practice of requiring involvement could change in the future here in Alberta, as well.

To protect it’s medical practitioners, the Province of Manitoba has adopted specific legislation that protects their conscience rights, even if the professional body were to adopt a policy reflecting the one enacted by the CPSO. Other provincial jurisdictions should be lobbied to enact similar legislation to guard against medical professionals being forced into the untenable position they find themselves in in Ontario.

To be sure, I am certain that if the ‘death with dignity’ lobbyists who want widened access to MAiD have their way, they will put pressure on governments and healthcare systems its institutions to abandon the protection of conscience rights altogether in an effort to spread the practice of MAiD as far and wide as possible.

We live in perilous times when the aging, ill and dying are unprotected from pressure to end their lives, and our medical professionals are being equally pressured to assist in promoting the widening of this ‘culture of death’ activity, even at the expense of the protection of their own consciences.

How have we gotten so far off track as to believe no one has the right to guard and protect their personal beliefs if it interferes with another’s freedom to have what I want, regardless?