Special Joint Committee on Physician Assisted Dying 
Parliament of Canada (January-February, 2016)
	Extracts of Briefs, Edited Video Transcripts
			
				
				
	
	
	 
    Note:
	Links to the full briefs are provided below.  
		For statements specific to freedom of conscience and religion for 
		healthcare providers, click on 
	(Brief Extracts) 
	to see statements extracted from a brief, and on [Edited Video Transcript]  for transcripts of edited videos.
Groups/individuals who appeared as witnesses, but who neither 
		contributed briefs nor make comments clearly relevant to freedom of 
		conscience in health care are marked with an asterisk.
		Bold face identifies groups or individuals who 
		appeared as witnesses.
	
	Page 3 of 3 (Martin to Wilson)
	
	
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		Martin, Mary
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		Maryon, Betty
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		McPhee, Margaret
		
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		Mental Health Commission of Canada
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		Morison, Rhonda
		
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		Mount, Balfour MD
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		Munroe, Pamela
		
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		Nurses Association of New Brunswick
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		Perks, Allan
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		Peterson, Heather
		
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		Physicians' Alliance Against Euthanasia
		
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		Protection of Conscience Project
		
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			Provincial Territorial Expert Advisory Group
			
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		Rankmore, Carol
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		REAL Women of Canada
		
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		Registered Nurses Association of the Northwest Territories and 
		Nunavut
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		Richard, Spencer
		
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		Saba, Paul MD
		
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		Salvation Army
		
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		Santoro, Burrell
		
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		Secular Connexion Séculière
		
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		Seeley, Patricia
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		Shapray, Howard QC
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		Society of Rural Physicians of Canada
		
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		Somerville, Margaret
		
		
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		Squires, Collette
		
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		Sullivan, William MD
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		Sumner, Wayne
		
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		Surgeon General, Canadian Forces Health Services Group
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		Svec, Katherine Meaney
		
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		Underwood, Katherine
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		UNICEF Canada
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		United Church of Canada
		
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		Toujours Vivant - Not Dead Yet
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		Vandenberghe, Joris
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		von Fuchs, Ruth (Right to Die Society of Canada)
		
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		Walker, Ken MD (W. Gifford-Jones MD)
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		Warren, John
		
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		Widas, Mary
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		Willoughby, Annette
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		Wilson, John
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		Wilson, Linda
		
	McPhee, Margaret [Full 
	text]
	. . . Physicians who object to carrying out PAD should be obliged to 
	refer the patient to someone who is willing to carry it out, or at least 
	provide the patient with the name of such a physician, if the patient is 
	capable of referring him/herself. . .
	 
	
	5.  I understand not all physicians may want this responsibility so 
	agree that they should have the right ofconscientious objection. They then 
	however, must provide timely information and effective referrals (or 
	transfers of care) to an institution, independent agency or other provider.
	6.  It is imperative that publicly funded healthcare institutions, 
	including hospitals, hospices and long-termcare facilities are allowed and 
	even required to provide physician-assisted dying on their premises. All 
	publicly funded healthcare institutions must allow PAD on their premises, no 
	matter their belief systems. If no doctors on staff are willing to provide, 
	an external doctor must be permitted into the hospital to provide the 
	service. This policy is especially relevant for small communities where 
	healthcare options may be limited.
	 
	
	. . . It is also acceptable that a doctor or practitioner who does not 
	wish to provide PAD must refer the patient to someone who will.
	All publicly funded healthcare institutions must allow PAD on their 
	premises. If no doctors on staff are willing to provide it, an external 
	doctor must be permitted into the facility to provide the service. This is 
	especially important in small communities where facilities may be limited or 
	restricted by religious affiliations. . .
	 
	Peterson, Heather [Full 
	text]
	. . . Some physicians may be opposed to assisted dying which is their 
	right. But they must not be allowed to stop the patient from gaining access 
	to their own right to die. Please ensure that dissenting doctors be required 
	to refer the patient to doctors who are accepting of the law. . .
	 
	Physicians' Alliance Against Euthanasia
	 
	[Full text]
	4. No doctor or other health professional should ever be required to 
	participate in "physician-assisted dying", even by referring a patient to 
	another professional or an administrative body who will facilitate it. There 
	should be no discrimination against health professionals or trainees in the 
	health professions who are unwilling to collaborate in this act. No 
	jurisdiction in the world requires such collaboration.
	5. Similarly, all health care institutions should be free to prohibit the 
	practice of euthanasia within their walls, in order to create a safe space 
	for patients who are afraid of being euthanized without having requested it.
	 
	Protection of Conscience Project
	
	[Full text]
	IV.    Coerced complicity in homicide 
	and suicide
	IV.1     The position of the Provincial-Territorial Expert Advisory Group and 
	some influential or powerful individuals or groups is that a learned or 
	privileged class, a profession or state institutions can legitimately compel 
	people to be parties to homicide or suicide - and punish them if they 
	refuse. 
	IV.2     Nothing of the kind is stated or implied in 
	Carter. This is 
	not a reasonable limitation of fundamental freedoms, but a reprehensible 
	attack on them and a serious violation of human dignity.  From an ethical 
	perspective, it is incoherent, because it posits the existence of a moral or 
	ethical duty to do what one believes to be wrong.  From a legal and civil 
	liberties perspective, it is profoundly dangerous. If the state can demand 
	that citizens must be parties to killing other people, and threaten to 
	punish them or discriminate against them if they refuse, what can it not 
	demand?  Yet the Group appears to experience resistance to coerced 
	participation in homicide and suicide as a "uniquely Canadian" mountain to 
	be climbed.
	IV.3     Other countries have demonstrated that it is possible to 
	provide euthanasia and physician assisted suicide without suppressing 
	fundamental freedoms.  None of them require "effective referral," 
	physician-initiated "direct 
	transfer" or otherwise conscript objecting physicians into 
	euthanasia/assisted suicide service (Appendix "A"). It 
	appears that they recognize a point made by Dr. Monica Branigan when she 
	appeared before the Committee: that one "cannot build a sustainable system 
	on moral distress." 
	V.    Federal and provincial 
	jurisdiction
	V.1     Provincial governments have primary jurisdiction over human rights 
	law, subject to the Canadian Charter of Rights and Freedoms. By virtue of 
	the subject matter in this particular case (homicide and suicide), the 
	federal government has jurisdiction in criminal law. 
	V.2     Criminal law is 
	not used to enforce or defend fundamental rights and freedoms per se. For 
	that, Canada relies upon human rights statutes. But Canada does use the 
	criminal law to prevent and to punish particularly egregious violations of 
	fundamental freedoms that also present a serious threat to society: unlawful 
	electronic surveillance, unlawful confinement and torture, for example.
	V.3     Coercion, intimidation or other forms of pressure intended to force 
	citizens to become parties to homicide or suicide is both an egregious 
	violation of fundamental freedoms and a serious threat to society that 
	justifies the use of criminal law.
	V.4     For this reason, whatever might be 
	decided about laws regulating euthanasia and assisted suicide, the Project 
	proposes that the federal government make it a matter of law and national 
	public policy that no one can be compelled to become a party to homicide or 
	suicide, or punished or disadvantaged for refusing to do so, even if the 
	homicide or suicide is not a criminal offence.
	Appendix "B" 
	offers an amendment to the Criminal Code designed to achieve that 
	end.
	 
	Provincial Territorial Expert Advisory Group
	
	
	Hon. James S. Cowan:  The business of conscientious 
	objection. Nobody is trying to force anybody to participate in this process. 
	But, the corollary of that, that protects the practitioner, whether its a 
	physician or another medical professional. But looking at it from the point 
	of view of the patient, how do we ensure that there is what I would call an 
	effective referral. Something more than simply saying, “I'm not, I can't be 
	involved in this. You're on your own. Go and look it up on the Internet. Go 
	call the medical society, and they may be able to help you”. Don't you agree 
	that we need to have, design a regime that ensures there is a more effective 
	referral than that?
	Dr. Jennifer Gibson: Yes
	Hon. James S. Cowan: What would that look like?
	Dr. Jennifer Gibson:  This became clear to us 
	through the consultation. We heard from many physicians who initially felt 
	like this was weighing down a burden and it was falling only on physicians' 
	shoulders.
	
	But, on the issue of access, very clearly, there are multiple actors that 
	need to be operating together in order to be able to make this, to ensure 
	access. What we've recommended, is that, in here, we've defined roles for 
	different levels and institutions, institutional roles, including regional 
	health authorities, to facilitate access.
	
	Quite apart from the issue of conscientious objection, access - period -  
	is going be a challenge for many in Canada. And so, there is going to need 
	to be system coordination, and that will be at the provincial and at the 
	regional level within provinces indeed.
	Hon. James S. Cowan: That's the role of the regulatory 
	authorities, the colleges of physicians . . .
	Dr. Jennifer Gibson:  The regulatory authorities, 
	indeed. And I think this is where the Supreme Court of Canada invited us to 
	balance rights.
	
	And so, we do acknowledge in clinical practice - and not just physicians 
	but other health professionals as well - that they have a right of 
	conscience. And, in fact, one of our members, Sister Nuala Kenny, Dr. Sister 
	Nuala Kenny, who was a member of our expert advisory group, reminded us that 
	conscience also applies to those who are proponents and are willing to 
	practise physician-assisted death. Their conscience tells them that this is 
	the right thing to do. 
	
	And unless we want, we need to be able to ensure that we have a regime 
	that calls on physicians and clinicians to stay closely anchored to what 
	they're called to do in terms of public service. So, this is, you know, 
	Colleges do have a key role in making very clear what the expectations are 
	of their members in terms of facilitating access.
	
	 It's been very clear in our recommendations, and also we're hearing 
	this from some of the, especially from the physicians in palliative care, 
	that an effective transfer of care would be important, but that all 
	physicians, all clinicians ought to be able to provide all information about 
	all options. That doesn't mean that the physician needs to participate in 
	the act of physician-assisted death, but they must be able to provide 
	information on the options and, if necessary, on the basis of conscience, 
	facilitate an effective transfer. And to do that well, they're going to need 
	others in the system facilitating it.
	Hon. James S. Cowan: Exactly. Can I just make sure that 
	your comments would also apply to institutions? 
	Dr. Jennifer Gibson: Yes. . .
	Mr. John Aldag:  . . . In your report, you talk 
	about physicians refraining from - this is in recommendation 36 - and I'm 
	just really curious, in your discussions about how big of an issue it was on 
	physicians refraining from participating in physician assisted dying, and if 
	you see that it's a large issue that we need to pay a lot of attention to on 
	the conscientious objection?
	
	Or, just any quick thoughts on that?
	Ms. Maureen Taylor:  Yeah.  I'm not a legal 
	expert, but I have a feeling that this is going to be seen as something that 
	the provinces will say they have jurisdiction over. That's what we were told 
	by the Attorney General.
	
	But I will say that I love that you're thinking along those lines, 
	because, again, we want, we don't want a patchwork approach to this. As we 
	know, right now in Prince Edward Island, women cannot get an abortion. We do 
	not want that to happen with physician-assisted dying. Anything your group 
	can do to ensure in the absence of provinces -  This is one worry - 
	I'll be blunt - is that some provinces will do nothing after next June.  
	They won't bring in legislation. And I think you were talking about that 
	yesterday.
	
	So if you can have something in place where those Canadians who live in a 
	province that wants to bury its head in the sand won't be left without this 
	option.  I don't know what those things are, I'm not the expert, but I 
	love that you're thinking about it.
	
	This is an issue that seems fairly uniquely Canadian. Of course, there 
	are physicians who conscientiously object in the other jurisdictions, but as 
	far as we knew from our research, it has never been such a mountain to climb 
	as it seems to be in Canada, and I have no insight as to why that is.
	 
	
	Conscience Rights of Physicians Ignored
	The Supreme Court of Canada in its decision also made the statement, 
	without supporting evidence, that “Nothing in this declaration would compel 
	physicians to provide assistance in dying.” The court has quickly been 
	proven wrong on this point. The Colleges of Physicians and Surgeons of the 
	provinces of Saskatchewan and Ontario have declared that any physician who, 
	for conscience or religious reasons, may not wish to participate in assisted 
	suicide, must refer a patient to another physician to carry out this 
	procedure.
	To coerce physicians to provide services that go against their religion 
	or consciences is not acceptable. It is contrary to the Charter's right of 
	freedom of conscience and religion. It is also a serious incursion into the 
	professional standing of the physician. A proper balancing of the rights of 
	physicians with the concept of patient autonomy, must not result in the 
	trumping of the rights of a physician in his/her medical practice. Such 
	rights extend not only to refusing to perform assisted suicide and 
	euthanasia, but the right not to be obliged to refer to other practitioners 
	or third parties, who may be willing to provide such services. The reality 
	is that the requirement to refer for assisted suicide or euthanasia 
	procedures, to which the physician objects on the grounds of conscience or 
	religion, compels that physician to violate his or her conscience by being a 
	participant in the very act, the very procedure to which he or she objects 
	in the first place.
	 
	
	. . . In Quebec at this time, where the provisions of euthanasia of the 
	Quebec law were being challenged (32), there is the clear infringement on 
	the constitutional rights and freedoms of physicians. It obliges physicians, 
	who refuse to administer euthanasia by reason of their medical code of 
	conduct and medical conscience of best medical practice and best interest of 
	their patients, to nevertheless participate by way of referral. Physicians 
	are compelled to report to the medical director of the establishment that 
	they have received a request of medical aid in dying even if they consider 
	this not the best medical scientifically proven way to provide medical care 
	and least harmful way to provide care. (32) . . .
	 
	
	The Salvation Army calls on the Government of Canada to:
	2. protect the conscience of individuals as well as facilities and the 
	organizations that operate them with respect to the provision of 
	physician-assisted death
	Protection of Conscience of Individuals and Health-Care 
	Facilities
	The development of a system that permits access to physician-assisted 
	death while simultaneously protecting the right of conscience and the right 
	to life of vulnerable people will require careful balancing. The Salvation 
	Army submits that the right of conscience exists not only for physicians but 
	for health-care facilities and the organizations that operate them. 
	Recognizing a right of conscience for institutions would not result in the 
	denial of a patient's Charter right; rather it would be the same as for a 
	health practitioner exercising their right of conscience. The institution 
	would do everything necessary to ensure the patient receives the desired 
	care and would ensure the transfer of care in an expedient and compassionate 
	manner should physician assisted death be desired.
	One of the objectives of Carter was to balance the right of access to 
	physician-assisted death with the right of conscience for those who do not 
	wish to participate. Permitting some facilities to be exempt from providing 
	physician-assisted death will not limit access in a meaningful way. Rather, 
	allowing for institutions to be exempt will offer protection to the 
	conscience, morality and beliefs of patients, health-care providers and 
	organizations who do not wish to engage with physician-assisted death. We 
	note that several other jurisdictions such as Washington and Oregon offer 
	health facilities or health care providers the option to decline from 
	participating in physician-assisted death.
	Conclusion
	We recognize there are many other practical considerations, as 
	physician-assisted death becomes a reality in Canada. The Salvation Army in 
	Canada therefore calls on Government to:
	2. Ensure the protection of the conscience of individuals as well as 
	facilities with respect to the provision of physician-assisted death so that 
	individuals who choose not to participate may do so in a trustworthy and 
	safe environment where physician-assisted death is not present
	 
	
	. . . Carter requires Parliament to specifically legislate protections 
	for individuals and groups in the healthcare field who object on matters 
	of conscience.
	Recommendation 1: It is proposed that Parliament provide explicitly that 
	health care workers and/or institutions cannot be subject to obligation or 
	sanction, including professional sanction, as a result of their failure to 
	participate in physician assisted suicide or euthanasia.
	I. PARLIAMENT MUST ENACT CONSCIENCE PROTECTIONS:
	The Carter decision in no way compels doctors or other healthcare workers 
	to unwillingly cooperate in a suicide. Carter was based on two important 
	factual conditions: a willing patient and a willing doctor. The 
	applicants in Carter all had willing doctors. Had there been no willing 
	doctor, the Supreme Court may have still held the applicants had a right to 
	assisted suicide, but not necessarily by a physician. The finding of the 
	Court in the specific case of Carter does not positively obligate 
	physicians to add assisted suicide or euthanasia to their medical practices. 
	Many doctors and other healthcare workers object to assisted suicide and 
	euthanasia on the grounds of moral conscience; others object as a matter 
	of professional ethics, which is no less an objection of conscience. In 
	paras. 130-132 of the Carter decision, the Supreme Court held "a 
	physician's decision to participate in assisted dying is a matter of 
	conscience and, in some cases, of religious belief." The Court then 
	invited Parliament, along with provincial legislatures and physician's 
	colleges, to implement a scheme which protects these rights. 
	Parliament should explicitly affirm that physicians and all other health 
	care workers are not obligated in any way to participate in physician 
	assisted suicide or voluntary euthanasia, either in the act of killing 
	itself, or in the process which might lead to such a killing. Parliament 
	should affirm that the failure to so participate does not infringe the 
	rights of patients, and is not a reason for discipline or other sanction, 
	either criminal or professional.
	It is established law in Canada that doctors are not government actors, 
	and therefore cannot violate the Charter rights of other individuals 
	(see: Stoffman v. Vancouver General Hospital, [1990] 3 S.C.R. 483). Only 
	government can violate the constitution, and under the constitution, 
	doctors are private actors. The facts that doctors are regulated by a public 
	body, that they are largely paid by public dollars, and that Canada has a 
	system of socialized medicine, do not render doctors public actors whose 
	conduct is measured against the Charter. Like lawyers, engineers, and 
	other professionals, doctors are private actors. Carter does not and cannot 
	place any obligation on individual physicians to assist in a suicide or 
	euthanasia, especially where to do so would violate their fundamental 
	freedoms of conscience and religion. This reasoning applies equally to 
	protect other healthcare workers such as nurses and pharmacists, who are 
	similarly private actors. 
	Some assume that the government has a positive obligation to facilitate 
	assisted suicide or voluntary euthanasia for those who qualify per 
	Carter. Firstly, it must be noted that this argument is made in the 
	absence of any evidence establishing that access to assisted suicide and 
	euthanasia will be a problem. However, even assuming this to be the case, a 
	government obligation to facilitate a Charter right does not require 
	individual non-government actors (i.e. healthcare workers) to be 
	compelled to cooperate in an action to which they object as a matter of 
	fundamental moral conscience. To the extent that government sets forward a 
	scheme to facilitate access to assisted suicide and euthanasia, such a 
	scheme cannot place obligations on or sanction individuals who object to 
	assisted suicide or euthanasia as a matter of conscience. Individual 
	physicians who object as a matter of conscience to assisted suicide or 
	euthanasia cannot be compelled to refer patients to another physician who 
	will provide these, if this referral would also violate their 
	consciences.
	Parliament should also recognize the rights of patients who may wish to 
	seek care in institutions where physician assisted suicide and euthanasia 
	are not offered. This is an important matter of patient choice, 
	especially for those patients who are not comfortable with physician 
	assisted death, and for whom its existence undermines their trust in 
	their physicians and damages the therapeutic relationship. Some patients 
	have concerns that they will be coerced into physician assisted death, 
	and that there will conflicts of interest (including possibly financial 
	conflicts) regarding their care. The existence of institutions which do 
	not provide physician assisted death will greatly assist such patients in 
	maintaining confidence in the medical system. . .
	***
	ii. The PTG's failure to properly balance conscience rights against 
	patient interests Respecting conscience rights, the PTG rightly 
	recognizes that physicians with moral reservations must be exempt from 
	being forced to participate in assisted suicide. However, this does not 
	adequately protect the conscientious objector from being complicit in what 
	they regard to be a most serious offence against life. As such, the 
	exemption should extend to all health care workers (e.g. nurses and 
	pharmacists and others) who might be requested to assist in a suicide. It 
	must also exempt physicians from being required to refer a patient for 
	assisted suicide, as referring a patient for suicide is considered by 
	many conscientious objectors as an unacceptable form of cooperation in 
	the killing of a human being. Rather than requiring mandatory discussions 
	and referrals, there could be made publically available a registry of 
	participating physicians and institutions for self-referral by patients.
	
	 
	Secular Connexion Séculière 
	
	[Full text]
	Public Funding & Doctor Participation: Both medically assisted suicide 
	and voluntary euthanasia should be a part of public medical funding so that 
	there is no issue of differing availability because of financial reasons. 
	Doctors and other medical care providers must have the right to exercise 
	their own personal philosophy in these matters, but must not have the right 
	to inhibit the right of individuals to choose their own path to completing 
	life with dignity.
	 
	Society of Rural Physicians of Canada
	
	
	Dr. John Soles (President, Society of Rural Physicians of Canada): 
	. . . As you know, Canada is 90% rural by geography, and has slightly less 
	than 20% of the population being rural. And roughly 10% of Canadian doctors 
	work in rural areas. Canada's rural population is poorer; it's less healthy, 
	and it has a significantly higher proportion of indigenous peoples, 
	particularly in the north. Rural Canadians have less access to health care 
	and may have to travel very significant distances, particularly in the 
	north, to get such care. Canada's rural physicians are older, they are much 
	more likely to be international medical graduates - I'm an exception in that 
	instance. The health care in very small rural communities may be provided by 
	nurses and other health care workers rather than physicians. Access to 
	specialists is limited, and most rural physicians work as generalists and 
	include palliative care within their skill set. . .
	. . .the question of who does what. I believe that whatever the personal 
	beliefs of a physician may be, they must be willing to discuss all legal 
	options with their patients and make appropriate referrals if they 
	themselves are unable to take part in that service. I think here the way 
	abortion works in Canada, is a reasonable, has some similarities. Physicians 
	should not be obligated to be involved with a service that they have moral 
	difficulties with, however they should be able to have such a discussion 
	with their patients and to refer when necessary.
	One of the questions that has arisen in the past, or in discussions about 
	this is death certificates and how they're filled out. I think death 
	certificates should have physician-assisted dying as the immediate cause of 
	death with the diagnosis that led to this as an underlying cause.
	And now the concerns in rural areas. The challenge in rural areas is 
	often, as in the community  I live, that there is a group of physicians 
	who work together, and how is it possible to arrange a second opinion about 
	someone's suitability for this, or their competence? I think it's 
	inappropriate to do that within a group of physicians who work together. How 
	is it possible to arrange and expedite a psychiatric consultation, if that's 
	required?  If all physicians in a group are conscientious objectors to this 
	process, how do patients obtain a service, which is considered legal in a 
	small community, where the physicians are not able morally to provide that 
	service? This is a little different than the abortion discussion in that 
	these patients are much less likely to be able to travel safely.
	Where and how in a rural community where everyone knows everyone is it 
	possible to carry out this process? What would the effect be on other 
	members of the community? What would the effect be on the staff of a rural 
	hospital? What would the effect be if there was radically different 
	viewpoints within a small group of physicians?
	Those are the important points . . .
	
		Dr. John Soles:  . . . I'm not sure I have the answers for 
		those either. 
	I think the role of telemedicine was mentioned. If we're looking at a 
	patient that has requested physician-assisted death and is in one of these 
	communities in which there is only one physician group, it would be most 
	appropriate that this patient be assessed by a second physician. And if that 
	can't be done in person, then it needs to be done in some other fashion; and 
	that would presumably be via video or telephone link, preferably video.
	If you had a small community where there was no physician who was willing 
	to participate in this process, other than informing a patient about, if the 
	patient requests it, informing them about what the process was, it creates a 
	great challenge, because I really don't think that it's appropriate for 
	these decisions to be solely made without actually sitting in the room with 
	the patient. . .
	Hon. Nancy Ruth:  . . . how can nurse practitioners 
	or other people in rural areas deal with this, if there is a legitimate 
	request, maybe assessed through telehealth, for physician-assisted death for 
	someone who wants to stay in their home, be they living in Grise Fiord in 
	the high Arctic or anywhere else in Canada. And a cocktail of drugs could be 
	flown in by mail, like other drugs are sent by mail. Do you ever, can you 
	imagine that happening? And what kinds of problems would there be?
	Dr. John Soles:  Certainly I can imagine, as any 
	physician who's provided palliative care, I prescribe lethal doses of drugs 
	to patients all the time without the expectation that they take them.
	Just to clarify that for the committee, if I have a patient who has 
	terminal cancer, for instance, they will go home perhaps with a dose of 
	medication that, if you or I had it, it would be terminal. And the striking 
	thing to me is that I cannot recall, in my personal experience, any patient 
	that has chosen to take their medication in that fashion. 
	I think the real challenge, if you're prescribing medications at a 
	distance and you're sending them, you know, through the mail and they're 
	being administered by the patient's family or a nurse, what happens when 
	things go wrong? I don't really want to make this comparison, but there's 
	been cases where death by lethal injection in the States has gone badly 
	wrong, and those are cocktails delivered by physicians. I would hate to 
	think of some nurse in Grise Fiord who has that kind of experience.
	 
	
	3. Roles and regulation of healthcare pracitioners
	For nearly 2,500 years, physicians and the profession of medicine have 
	recognized that assisted suicide and euthanasia are not medical treatment 
	and this position should be maintained and these interventions- should be 
	kept out of medicine. (See J. Donald Boudreau and Margaret A. Somerville,
	
	"Euthanasia is not medical treatment", British Medical Bulletin 2013; 
	106: 45--66, 001:10.1093/bmb/ldtOlO explaining this stance.)
	Consequently, a new profession should be established to carry out 
	euthanasia. The  practitioners should not be healthcare professionals or, 
	if so, only ones who have  permanently retired from practice. 
	Practitioners should be specially trained, licensed and have travel money 
	provided to give people across Canada equal access to euthanasia. 
	If this approach is not adopted, two publicly available lists of 
	physicians and institutions should be established, those who will provide 
	euthanasia and those who will not. This is  a reasonable compromise 
	between Canadians who agree with euthanasia and those who oppose or fear it. 
	The Supreme Court emphasized that the Charter right to "security of  the 
	person" includes freedom from fear about what could happen to us when we are
	 dying, which often seems to be forgotten or ignored with respec to this 
	right of those  fearul of euthanasia. 
	This approach will also solve most freedom of conscience issues. 
	Healthcare professionals  must not be forced to provide or refer for 
	euthanasia when they have ethical or conscience objections to doing so. It 
	must be kept in mind that respect for physicians' patients and can be the 
	last such protection against doing them serious harm or other serious 
	wrongdoing. . .
	Oral Submission  
	
	[As above]
	 
	
	Freedom of Conscience
	Physician-assisted death runs contrary to the 
	ethical practice of doctors who want to promote health and life where they 
	can, and who prefer to provide excellent end-of-life care within a 
	palliative framework. Our Charter of Rights guarantees freedom of 
	conscience; this needs to be protected for our doctors.
	Other doctors 
	may feel comfortable with ending a patient's life. This creates an inherent 
	conflict. Who will train these doctors? What will be the ethical principles 
	guiding their work? How will you keep the process free from the potential 
	for monetary gain? Should this become a money-maker for certain health 
	professionals, as private abortion clinics have become?
	How will you 
	guarantee "safe places" for patients and medical staff where no one will 
	feel compelled or coerced?
	 
	
	PAD is a controversial matter. Some physicians will have no religious or 
	ethical objection to providing this service for their patients, while for 
	others it will violate the dictates of their conscience. A policy must 
	include a 'conscience clause' which enables providers to decline to offer 
	the service on grounds of personal conviction. However, it must also require 
	that they not abandon patients who request PAD; they must then be obliged 
	to provide patients with an effective and timely referral to a provider 
	willing to help them. On the other hand, publicly funded health care 
	institutions should be required to permit PAD on their premises if a 
	physician is willing to provide it. Otherwise, patients in many 
	communities with religiously affiliated hospitals will be denied timely 
	access to the service.
	 
	Svec, Katherine Meaney
	 
	[Full text]
	3. Non-compliant health care providers, hospitals, and care facilities 
	must not impede an eligible patient's right to obtain Physician-Assisted 
	Dying.
	3. Non-compliance: Many physicians have responded to surveys stating they 
	will not agree to hasten a patient's death, nor will they refer. Other than 
	simply abandoning their patient to self-help, I have as yet seen no 
	alternative offered by these non-compliant physicians. This crucial gap in 
	the process must be addressed and a solution found which balances the rights 
	of such physicians and the rights of suffering patients. Hospitals and 
	care facilities with a religious component must not be allowed to dictate 
	terms. Patients who meet the criteria and who request Physician-Assisted 
	Dying must have timely access to a cooperating physician.
	4. Physicians need clarity and firm guidelines e.g. How are Ontario 
	physicians to comply with the CMA Policy of no duty to refer which is at 
	odds with the CPSO policy on this issue?
	4. Clear Guidelines: If the CMA insists there is no duty to refer, one is 
	left to wonder how Ontario physicians are to comply, in light of the CPSO's 
	policy on Professional Obligations and Human Rights which clearly states: 
	"Where physicians are unwilling to provide certain elements of care for 
	reasons of conscience or religion, an effective referral to another 
	health-care provider must be provided to the patient. An effective referral 
	means a referral made in good faith, to a non-objecting, available, and 
	accessible physician, other health-care professional, or agency. The 
	referral must be made in a timely manner to allow patients to access care. 
	Patients must not be exposed to adverse clinical outcomes due to a delayed 
	referral. Physicians must not impede access to care for existing patients, 
	or those seeking to become patients." (Limiting Health Services for 
	Legitimate Reasons: Policy Number:#2-15 Reviewed and Updated March 2015) 
	Of particular note is the fact that this policy was confirmed after the SCC 
	ruling on the Carter case, yet there is no mention of any exclusions (such 
	as physician- assisted dying) to be applied to the duty to refer.
	 
	United Church of Canada [Full 
	text]
	. . . The emphasis on physician-assisted dying being a decision 
	between an individual and their doctor implies that the doctor must also be 
	allowed the right not to participate if they believe it inappropriate to do 
	so. Support for physician-assisted dying must take into account the 
	difficulties faced by medical staff both in contributing to the ending of an 
	individual's life, and in the emotional implications that might result. . .
	Where an individual who qualifies for physician-assisted death 
	under the new legislation requests their doctor's assistance to end their 
	life, but the doctor has objections to participating, the doctor ought to be 
	obliged to refer the individual to another doctor. This is 
	consistent with other legislation, such as the abortion laws, which allow 
	freedom of conscience for medical professionals without jeopardizing equal 
	access to medical care for individuals. . .
	 
	von Fuchs, Ruth (Right to Die Society of Canada)
	
	 [Full text]
	. . . Ultimately there will be a situation of patient's orders and 
	doctor compliance (or doctor refusal and patient referral, if assisted dying 
	is chosen and the doctor is unwilling to provide it). . .
	 	
	3. Referral - Physicians who oppose PAD must be required to refer 
	patients to another doctor or a third-party referral agency.
	3. Conscientious Objection The whole idea of the Right To Die movement 
	is to provide choice at the end of life. Proponents, like me, want control 
	over our own bodies and we respect that right for others. I totally support 
	the right of physicians and other healthcare providers to refuse to provide 
	Physician Assisted Death to a patient who requests it but the patient's 
	right to it must also be protected. Physicians who oppose assisted dying 
	must be required to refer patients who request it to another doctor or a 
	third-party referral agency. Sick and dying patients should not be 
	responsible for finding an alternate doctor on their own.
	4. Institutions - All publicly funded healthcare institutions must allow 
	PAD on their premises.
	4.Publicly Funded Healthcare Institutions The protection of every 
	patient must be a paramount consideration of the Bill and no patient can be 
	denied access to PAD because of the beliefs or policies of religious 
	institutions. All publicly funded healthcare institutions must allow PAD 
	on their premises. If no doctors on staff are willing to provide it, an 
	external doctor must be permitted into the hospital to provide the service. 
	This policy is especially relevant for small communities where healthcare 
	options may be limited. For example, some communities may only have 
	Catholic-affiliated hospitals or hospices nearby. If those institutions 
	refuse to provide PAD on their premises, then access to PAD will be heavily 
	restricted in the communities they serve. Even in larger centres, a patient 
	may be rushed to an emergency department at a Catholic hospital. Moving the 
	patient to a non-denominational institution would cause unnecessary 
	stress and may not be possible depending on the patient's condition.
	 
	
	b)  Any tax payer supported facility, must provide the facility for 
	the patient to have their pain end in a kind and compassionate manner.
	e)  All medical parties must adhere to the document, not using their 
	own personal bias to ignore the documented / witnessed wishes of the 
	patient, this includes the “family doctor”.