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Interveners In BC assisted suicide case raise concerns about ruling, conscience protection

Larry Worthen, Executive Director of the Christian Medical and Dental Society (CMDS), raised serious concerns about the Supreme Court of Canada decision in R v Carter, et al. that strikes down sections of the Criminal Code of Canada dealing with euthanasia and assisted suicide.

Larry Worthen said “The Christian Medical and Dental Society is primarily concerned about the safety of patients who may get the message from society, explicitly or implicitly that they would be better off ending their lives prematurely.”

CMDS Canada is also concerned about safeguarding physicians and other health care professionals’ freedom of conscience to decline involvement with these procedures. The court held that “(p)hysicians’ decision to participate in assisted dying is a matter of conscience and religious belief” (para. 132), adding that “In our view, nothing in the declaration of invalidity which we propose to issue would compel physicians to provide assistance in dying” (para. 132).

Not ruled on were the specifics on respecting the freedom of conscience and religion. That was left in the hands of physicians’ colleges, Parliament, and the provincial legislatures. CMDS Canada will continue to advocate for freedom of conscience and religion in the Colleges, the legislatures, and in Parliament.

In a joint intervener factum on the case, the CMDS and the Canadian Federation of Catholic Physicians’ Societies, represented by Albertos Polizogopoulos, argued that a decision supporting assisted suicide would seriously undercut the commitment of doctors who have taken the Hippocratic Oath to “do no harm.” The factum also argued that assisted suicide should not be understood as constituting medical care. This in turn would seriously undermine the Canadian Charter of Rights of Freedoms’ guarantees of freedom of religion and freedom of conscience of physicians.

“Thousands of Canadian physicians and health professionals are committed to healing patients. They cannot in good conscience perform or participate in any procedure that would do harm to a patient. This ruling will uphold the rights of physicians who hold firm to these commitments,” said Mr. Worthen. “It is clear that there is much more work to be done to ensure that constitutional freedoms of physicians are protected at all levels of the health care system.”

CMDS represents more than 1600 physicians, surgeons and dentists across Canada http://www.cmdscanada.org.

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