Submission to the College of Physicians and Surgeons of Ontario
Re: Physicians and the Ontario Human Rights Code
Notes
Full Text of Submission
1. A requirement that an objection physician
"advise the patient of other sources of assistance," was introduced by the
CMA General Council in June, 1977, and revoked the following year. Geekie
D.A. "Abortion
referral and MD emigration: areas of concern and study for CMA." CMAJ,
January 21, 1978, Vol. 118, 175, 206 (Accessed 2014-02-22);
"Ethics
problem reappears." CMAJ, July 8, 1978, Vol. 119, 61-62 (Accessed
2014-02-22).
In 2000, during a telephone conversation with the Project
Administrator, Dr. John R. Williams, then CMA Director of Ethics, confirmed
that the Association did not require objecting physicians to refer for
abortion. He explained that the CMA had once had a policy that required
referral, but had dropped it because there was "no ethical consensus to
support it." This was clearly a brief reference to the short-lived 1977
revision of the Code of Ethics and ensuing controversy.
2. For example, in a guest 2006 editorial in the
Canadian Medical Association Journal, Professors Sanda Rodgers of
the University of Ottawa and Jocelyn Downie of Dalhousie University
complained that "[s]ome physicians refuse to provide abortion services and
refuse to provide women with information or referrals needed to find help
elsewhere." Rodgers S. Downie J.
"Abortion: Ensuring Access." CMAJ July 4, 2006 vol. 175 no. 1
doi: 10.1503/cmaj.060548 (Accessed 2014-02-23)
3. Blackmer J.
"Clarification of the
CMA’s position on induced abortion." CMAJ April 24, 2007 vol.
176 no. 9 doi: 10.1503/cmaj.1070035 (Accessed 2014-02-22)
4. "(We decided to proceed by way of these
provincial regulatory bodies rather than the CMA, in part, because of the
negative reaction of the CMA to the Rodgers/Downie editorial, which made
policy reform by the CMA seem unlikely.)" McLeod C, Downie J. "Let
Conscience Be Their Guide? Conscientious Refusals in Health Care."
Bioethics ISSN 0269-9702 (print); 1467-8519 (online)
doi:10.1111/bioe.12075 Volume 28 Number 1 2014 pp ii–iv
5.
Submission of the Ontario Human Rights Commission to the College of
Physicians and Surgeons of Ontario regarding the draft policies relating to
establishing and ending physician-patient relationships. 14
February, 2008 (Accessed 2014-07-28).
Submission of the Ontario Human Rights Commission to the College of
Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians
and the Ontario Human Rights Code." 15 August, 2008. (Accessed
2014-03-08)
6.
Submission of the Ontario Human Rights Commission to the College of
Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians
and the Ontario Human Rights Code." 15 August, 2008. (Accessed
2014-03-08)
7.
Physicians and the Ontario Human Rights Code, p. 4.
8. Murphy S.
"Physicians and the Ontario Human Rights Code: Ontario Human Rights
Commission attempts to suppress freedom of conscience."
(August-September, 2008)
Protection of Conscience Project
9. "OMA Urges CPSO to Abandon Draft Policy on
Physicians and the Ontario Human Rights Code." OMA President's Update,
Volume 13, No. 23 September 12, 2008. "OMA Response to CPSO Draft Policy
'Physicians and the Ontario Human Rights Code.'" Statement of the Ontario
Medical Association, 11 September, 2008.
10. Zuliani, P.
"Doctors do not have to violate beliefs." Ottawa Citizen, 23
August, 2008
Responding to Warren, David, "Refusing to do harm."
Ottawa Citizen, 20 August 2008.
(Accessed 2014-08-03)
11. "We do not expect physicians to provide
services that are contrary to their moral or religious beliefs." The e-mail
acknowledged that a requirement that physicians may be required to help
patients arrange for morally objectionable procedures had "raised concerns
from respondents." E-mail from the College of Physicians and Surgeons
of Ontario, 20 August 2008.
12.
"Rights Commission threat
'blasphemy against the human spirit': College of Physicians secrecy said
unacceptable." Protection of Conscience Project, News Release,
13 September, 2008
13. College of Physicians and Surgeons of Ontario,
Policy Statement #5-08:
Physicians and the Ontario Human Rights Code (Approved
September, 2008) (Hereinafter “POHRC (2008)”) (Accessed 2014-03-06)
14. See note 5.
15. Schuklenk U, van Delden J.J.M, Downie J, McLean S,
Upshur R, Weinstock D.
Report of the Royal Society of Canada Expert Panel on End-of-Life Decision
Making (November, 2011) p. 101 (Accessed 2014-02-23)
16. Schuklenk U, van Delden J.J.M, Downie J, McLean S,
Upshur R, Weinstock D.
Report of the Royal Society of Canada Expert Panel on End-of-Life Decision
Making (November, 2011) p. 62 (Accessed 2014-02-23)
17. Devine M,
"Doctor risks his career after refusing abortion refusal." Herald
Sun, 5 October, 2013. (Accessed 2014-08-02). Australia provides
examples of both a mandatory referral law and the controversy surrounding
the subject. Murphy S. State of Victoria,
"Australia demands referral,
performance of abortions: Abortion Law Reform Act 2008." Protection
of Conscience Project; Australian Medical Association Tasmania
Ltd., Submission to the
Tasmanian Government on the law governing termination of pregnancy.
5 April, 2013;
"Protection of conscience provision in new Tasmanian abortion law."
Protection of Conscience Project News/Blog, 13 December, 2014.
18.
An Act respecting
end-of-life care (Hereinafter "ARELC").
19. Collège des Médecins du Québec
Code of Ethics of Physicians, para. 24 (Accessed 2013-06-23)
20. "For example, a physician who is opposed
to abortion or contraception is free to limit these interventions in a
manner that takes into account his or her religious or moral convictions.
However, the physician must inform patients of such when they consult for
these kinds of professional services and assist them in finding the services
requested." Collège des Médecins du Québec,
Legal, Ethical and Organizational Aspects of Medical Practice in Québec.
ALDO-Québec, 2010 Edition, p. 156. (Accessed 2013-06-23)
21. Consultations & hearings on Quebec Bill 52
(Hereinafter "Consultations), Wednesday 18 September 2013 -
Vol. 43 no. 35:
Quebec Association of Health Facilities and Social Services (Michel Gervais,
Diane Lavallée), T#017
22. Consultations, Wednesday, 9 October
2013 - Vol. 43 No. 45:
Professor Joceyln Downie
23. Downie J, McLeod C, Shaw J. "Moving Forward
with a Clear Conscience: A Model Conscientious Objection Policy for Canadian
Colleges of Physicians and Surgeons." Health Law Review, 21:3, 2013
24. Murphy S.
"NO MORE CHRISTIAN
DOCTORS." Protection of Conscience Project, March, 2014
25. Murphy S.
"NO MORE CHRISTIAN
DOCTORS": Appendix ‘A.’ Protection of Conscience Project,
March, 2014
26. Levy I. (Medical Officer of Health, Ottawa)
and Abdullah A. (President, Academy of Medicine, Ottawa), Letter to the
Ottawa Citizen, 1 February, 2014.
27. College of Physicians and Surgeons of Ontario,
All
Doctor Search (Accessed 2014-07-29)
28. Payne E.
"Some Ottawa doctors refuse to prescribe birth control pills."
Ottawa Citizen, 30 January, 2014 (Accessed 2014-08-03)
29. Murphy S. ""NO MORE CHRISTIAN DOCTORS":
Appendix ‘C’: Radical Handmaids Facebook Timeline." Protection of
Conscience Project, March, 2014 (Hereinafter "Radical Handmaids FB"):
J___ R____, 29
January, 2014, 5:50 pm. (Accessed 2014-02-10)
30. Radical Handmaids FB,
D___ D___ B___, 29
January, 2014, 5:58 pm (Accessed 2014-02-10)
31. Radical Handmaids FB,
A___ R___, 29 January,
2014, 6:29 pm (Accessed 2014-02-10)
32. Radical Handmaids FB,
M___ A___, 29 January,
2014, 7:19 pm (Accessed 2014-02-10)
33. Radical Handmaids FB,
M___ A___, 29 January,
2014, 8:54 pm (Accessed 2014-02-10)
34. Radical Handmaids FB,
M___ C___, 29 January,
2014, 8:57 pm (Expletive deleted) (Accessed 2014-02-10)
35. Radical Handmaids FB,
S___ W___, 29 January,
2014, 9:36 pm (Accessed 2014-02-10)
36. Radical Handmaids FB,
L___ J___ M___, 30
January, 2014, 9:24 am (Accessed 2014-02-10)
37. Radical Handmaids FB,
T___ D___, 30 January,
2014, 4:25 am; C___ B___, 30 January, 2014, 5:07 am (Accessed
2014-02-10)
38. Radical Handmaids FB,
J___ L___, 29 January,
2014, 10:10 pm (Accessed 2014-02-10)
39. Radical Handmaids FB,
T___ M___, 29 January,
2014, 6:56 pm (Accessed 2014-02-10)
40. Radical Handmaids FB,
C__ F___, 30 January,
2014, 6:53 am (Accessed 2014-02-10)
41. Radical Handmaids FB,
J___ O___, 30 January,
2014, 1:38 pm; Radical Handmaids FB,
R___ L___ 29 January,
2014, 7:32 pm; Radical Handmaids FB,
K___ N___ H___, 30
January, 2014, 11:48 am; Radical Handmaids FB,
L___ C___ 31 January,
2014, 7:52 am. (Accessed 2014-02-10)
42. Radical Handmaids FB,
K___ B___, 29 January,
2014, 7:56 pm (Accessed 2014-02-10)
43. Radical Handmaids FB,
A___ M___ 29 January,
2014, 7:41 pm (Accessed 2014-02-10)
44. Radical Handmaids FB,
R___ V___, 29 January,
2014, 7:52 pm (Accessed 2014-02-10)
45. Radical Handmaids FB,
D___ M___, 30 January,
2014, 5:41 am; Radical Handmaids FB,
N___ P___, 30 January,
2014, 8:12 am; Radical Handmaids FB,
M___ C___, 30 January,
2014, 3:04 pm; Radical Handmaids FB,
A___ O___, 31 January,
2014, 5:26. (Accessed 2014-02-10)
46. Radical Handmaids FB,
N___ P___ 30 January,
2014, 8:40 am. (Accessed 2014-02-10)
47.
Radical Handmaids, 30
January, 2014, 8:45 am (Accessed 2014-02-10)
48.
Radical Handmaids, 29
January, 2014, 8:07 pm (Accessed 2014-02-10)
49. Payne E.
"Some Ottawa doctors refuse to prescribe birth control pills."
Ottawa Citizen, 30 January, 2014 (Accessed 2014-08-03)
50. Glauser W. "Ottawa clinic doctors’ refusal to
offer contraception shameful,
says embarrassed patient." Medical Post,
5 February, 2014
51. Cohn MR.
"Doctors who play God can be pastors, not physicians: Cohn." Toronto
Star, 29 July, 2014 (Accessed 2014-07-29)
52. "It is indisputably true that humanism and
atheism function as secular religions binding their adherents through common
belief and ideology. They are expressed as secularism, which, more and more,
has become "aggressive secularism. . . I am arguing that it’s a mistake to
accept that secularism is neutral. . . it’s not. It too is a belief system
used to bind people together." Somerville M.
"Should religion be evicted from the public square?" The Warrane
Lecture 2011. Kensington, NSW Australia: Warrane College, August, 2011,
p. 12. (Accessed 2014-08-02)
53. K__ A__ Facebook Page Timeline,
Post by S___W___, 31
January, 4:48 am. See also Murphy S, ""NO
MORE CHRISTIAN DOCTORS" Part 3: Religious values." Protection of
Conscience Project, March, 2014
54. Selley C.
"Quebec's latest niqab panic." National Post, 23 November, 2013
(Accessed 2014-02-08)
55.
POHRC (2008) (Accessed 2014-03-12)
56.
POHRC (2008), p. 4, column 1 (Accessed 2014-03-12)
57.
Protection of
Conscience Project Submission to the College of Physicians and Surgeons of
Ontario, Re: Physicians and the Ontario Human Rights Code. 11
September, 2008
58. Maddock J.W.
"Humanizing health care services. The practice of medicine as a moral
enterprise." J Natl Med Assoc. 1973 November; 65(6):
501–passim. PMCID: PMC2609038 () Accessed 2014-02-18
59. Somerville M.
"Why are they throwing brickbats at God?" MercatorNet, 1 June,
2007 (Accessed 2014-08-03)
60. Canadian Medical Association,
Code
of Ethics (2004): Fundamental Responsiblities No. 1.
(Accessed 2014-02-15)
61. Canadian Medical Association
Code
of Ethics (2004):
"21. Provide your patients with the information they need to make informed
decisions about their medical care, and answer their questions to the best
of your ability." (Accessed 2014-02-22)
POHRC (2008): "Provide information about all clinical options that may
be available or appropriate based on the patient’s clinical needs or
concerns. Physicians must not withhold information about the existence of a
procedure or treatment because providing that procedure or giving advice
about it conflicts with their religious or moral beliefs." (Accessed 2014-03-12)
62. Murray B.
"Informed Consent: What Must a Physician Disclose to a Patient?" American Medical Association Journal of
Ethics, Virtual Mentor. July 2012, Volume 14, Number 7: 563-566.
(Accessed
2014-02-22)
63. Canadian Medical Association
Code
of Ethics (2004): "12. Inform your patient when your personal values would influence
the recommendation or practice of any medical procedure that the patient
needs or wants." (Accessed 2014-02-22)
POHRC (2008): "Communicate clearly and promptly about any treatments or
procedures the physician chooses not to provide because of his or her moral
or religious beliefs."(Accessed 2014-03-12)
64. Canadian Medical Association
Code
of Ethics (2004): "45. Recognize a responsibility to give generally held opinions of
the profession when interpreting scientific knowledge to the public; when
presenting an opinion that is contrary to the generally held opinion of the
profession, so indicate."
(Accessed
2014-02-22)
65. Canadian Medical Association
Code
of Ethics (2004): "22. Make every reasonable effort to communicate with your patients
in such a way that information exchanged is understood."
(Accessed
2014-02-22)
66.
POHRC (2008): ". . .physicians should not promote their own religious
beliefs when interacting with patients, nor should they seek to convert
existing patients or individuals who wish to become patients to their own
religion." (Accessed 2014-03-12)
67. Singer P. Practical Ethics (2nd Ed.).
Cambridge: Cambridge University Press, 1993, p. 3; Kreeft P.
Fundamentals of the Faith. San Francisco: Ignatius Press, 1988, p.
74-80. On line (Chapter 11) as
"The Uniqueness of Christianity." (Accessed 2007-11-08)
68. This presumption obviously underlies standard
bioethics texts. See, for example, Beauchamp TL, Childress JF,
Principles of Biomedical Ethics (7th ed) New York: Oxford University
Press, 2013
69. Benson, I.T., "Seeing
Through the Secular Illusion" (July 29, 2013). NGTT Deel 54
Supplementum 4, 2013. (Accessed 2014-02-18)
70.
Chamberlain v. Surrey School District No. 36 [2002] 4 S.C.R.
710 (SCC), para. 137 (Accessed 2014-08-03). Dr. Benson adds: "Madam Justice
McLachlin, who wrote the decision of the majority, accepted the reasoning of
Mr. Justice Gonthier on this point thus making his the reasoning of all nine
judges in relation to the interpretation of ‘secular.’" Benson I.T., "Seeing
Through the Secular Illusion" (July 29, 2013). NGTT Deel 54
Supplementum 4, 2013. (Accessed 2014-02-18)
71.
Submission of the Ontario Human Rights Commission to the College of
Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians
and the Ontario Human Rights Code." 15 August, 2008. (Accessed
2014-03-11), citing Norton K.C.
"Letter to Ontario's Attorney General expressing concern about allowing
public officials to refuse to marry same-sex couples." (Accessed
2014-03-11)
72.
Submission of the Ontario Human Rights Commission to the College of
Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians
and the Ontario Human Rights Code." 15 August, 2008. (Accessed
2014-03-11)
73. ". . . if, despite being a belief system,
secularism is not excluded from the public square, then religious voices
should not be excluded on that basis. The mistake is in taking a disjunctive
(either secularism or religion) approach to a situation that requires a
conjunctive (both this and that, secularism and religion) approach. We need
all voices to be heard in the democratic public square." Somerville M.
"Should religion be evicted from the public square?" The Warrane
Lecture 2011. Kensington, NSW Australia: Warrane College, August, 2011,
p. 12. (Accessed 2014-08-02)
74. Waldron, MA, "Campuses, Courts and Culture
Wars." Convivium, February/March 2014, p. 33
75. The distinction between ethics and morality is
mainly a matter of usage. Recent trends identify ethics as the application
of morality to a specific discipline, like medicine or law. In a broader and
older sense, ethics is concerned with how man ought to live, while the study
of morality focuses on ethical obligations. See the entry on "Ethics and
Morality" in Honderich T. (Ed.) The Oxford Companion to Philosophy
(2nd Ed.) Oxford: Oxford University Press, 2005.
76. "The question of neutrality has been
profoundly obscured by the mistake of confusing neutrality with
objectivity... neutrality and objectivity are not the same... objectivity is
possible but neutrality is not. To be neutral, if that were possible, would
be to have no presuppositions whatsoever. To be objective is to have certain
presuppositions, along with the manners that allow us to keep faith with
them." Budziszewski J., "Handling Issues
of Conscience." The Newman Rambler, Vol. 3, No. 2,
Spring/Summer 1999, P. 4.
77. Murphy S.
"Redefining the Practice of Medicine- Euthanasia in Quebec, Part 6:
Participation in Killing." Protection of Conscience Project,
July, 2014.
78. Marmor A. Law in the Age of Pluralism.
New York: Oxford University Press, 2007, p. 218
79. Mackay B.
"Sign in office ends
clash between MD's beliefs, patients' requests." CMAJ January
7, 2003 vol. 168 no. 1 (Accessed 2014-02-16 )
80. Cannold L.
"The questionable ethics of unregulated conscientious refusal." ABC
Religion and Ethics, 25 March, 2011. (Accessed 2013-08-11)
Human Rights Council, Twentieth session, Agenda items 2 and 3:
Annual Report of the Office of the United Nations High Commissioner for
Human Rights- Technical guidance on the application of a human rightsbased
approach to the implementation of policies and programmes to reduce
preventable maternal morbidity and mortality (2 July, 20012) para.
61, 30 (Accessed 2013-08-11)
O'Rourke A, De Crespigny L, and Pyman A.
"Abortion and Conscientious
Objection: The New Battleground" (July 10, 2012). Monash Law Review
(2012) Vol 38(3): 87-119. (Accessed 2013-08-18)
Finer L., Fine JB.,
"Abortion Law Around the World: Progress and Pushback." American
Journal of Public Health, Apr 2013, Vol. 103 Issue 4, p. 585. (Accessed
2013-08-18)
Human Rights Council, 23nd Session - June 3, 2013. Agenda Item 3:
Presentation of Reports by the Special Rapporteur on Violence against Women.
"Oral
Statement: Center for Reproductive Rights." (Accessed 20-13-08-11)
81. Gardner J. "Complicity and Causality," 1
Crim. Law & Phil. 127, 129 (2007). Cited in Haque, A.A.
"Torture, Terror, and the
Inversion of Moral Principle." New Criminal Law Review, Vol.
10, No. 4, pp. 613-657, 2007; Workshop: Criminal Law, Terrorism, and the
State of Emergency, May 2007. (Accessed 2014-02-19)
82. Haque, A.A.
"Torture, Terror, and the
Inversion of Moral Principle." New Criminal Law Review, Vol.
10, No. 4, pp. 613-657, 2007; Workshop: Criminal Law, Terrorism, and the
State of Emergency, May 2007. (Accessed 2014-02-19)
83. Murphy S.
"Redefining the Practice of
Medicine- Euthanasia in Quebec, Part 9: Codes of Ethics and Killing."
Protection of Conscience Project, July, 2014.
84. Email to the Administrator, Protection of
Conscience Project, from P__ H__ (present at College Council meeting 18
September, 2008) (2014-02-11, 10:10 am)
85. Wiesel E. "Without
Conscience." N Engl J Med 352;15 april14, 2005 (Accessed
2014-02-24)
86.
Trinity Western University v. College of Teachers, [2001] 1
S.C.R. 772, 2001 SCC 31 (Accessed 2014-07-29)
87. Cromwell, Oliver, "Declaration of the Lord
Lieutenant of Ireland." (January, 1649) Carlyle, Thomas, Oliver Cromwell’s
Letters and Speeches, with elucidations. Boston: Estes and Lauriat, 1886,
Vol. I, Part 5, p. 18.
88. This section of the paper draws from an
extended discussion of the subject in Murphy S, Geunis S.J.
"Freedom
of Conscience in Health Care: Distinctions and Limits." J Bioeth
Inq. 2013 Oct; 10(3): 347-54
89.
POHRC (2008), p. 3, column 1 (Accessed 2014-03-12)
90.
POHRC (2008), p. 3, column 1 (Accessed 2014-03-12)
91.
POHRC (2008), p. 3, column 1 (Accessed 2014-03-12)
92. College of Physicians and Surgeons of Ontario,
Agreement with Dr. Stephen Thomas Dawson (2002)
(https://www.consciencelaws.org/background/policy/regulators-001.aspx )
93.
POHRC (2008), p. 1, column 1 (Accessed 2014-03-12)
94.
POHRC (2008), p. 3, column 2 (Accessed 2014-03-12)
95.
POHRC (2008), p. 2, column 1 (Accessed 2014-03-12)
96.
POHRC (2008), p. 3, column 2 (Accessed 2014-03-12)
97.
Barbeau et al v. British Columbia (Attorney General) 2003 BCCA
251, para. 133. (Accessed 2008-09-08.) Cited in
POHRC (2008) as EGALE Canada Inc. v. Canada (Attorney General) (2003),
13 BCLR (4th) (BCCA).
98.
POHRC (2008), p. 3, column 2 (Accessed 2014-03-12)
99.
Trinity Western University v. College of
Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31.
(Accessed
2008-09-09)
100. Trinity Western University v. College of
Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31.
(Accessed
2014-03-11)
101.
POHRC (2008), p. 3, column 2. (Accessed 2014-03-12)
102.
R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R.
295 (Accessed
2014-03-12)
103.
R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R.
295 (Accessed
2014-03-12)
104. "The Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it subject only to such
reasonable limits prescribed by law as can be demonstrably justified
in a free and democratic society." Constitution Act, 1982, Part I: Canadian
Charter of Rights and Freedoms, Section 1 (emphasis added).
105.
POHRC (2008), p. 3, column 2, citing
Ross v
School District No. 15 (1996) 1 SCR 825.
(Accessed
2014-03-11) and
Syndicat Northcrest v. Amselem, [2004] 2 S.C.R. 551, 2004 SCC
47 (Accessed
2014-03-12)
106.
Ross v
School District No. 15 (1996) 1 SCR 825.
(Accessed
2014-03-11)
107.
Syndicat Northcrest v. Amselem, [2004] 2 S.C.R. 551, 2004 SCC
47 (Accessed
2014-03-12)
108. Fernandez-Lynch, Holly, Conflicts of Conscience in
Health Care: An Institutional Compromise. Cambridge, Mass.: The MIT Press,
2008, p. xii-xiii (hereinafter "Conflicts.") p. 217-218
109. Conflicts, p. 217-219, 222
110. American Medical Association Policy E-2.06:
Capital Punishment (June, 1998)
(Accessed 2014-08-03)
111. American Medical Association Policy E.2.067:
Torture.
(Accessed 2014-08-03)
112. Lee, Jenny,
"Official slams 'sex selection' blood test: Gender of fetus can be seen five
weeks into pregnancy." Vancouver Sun, 13 August, 2005.
(Accessed 2005-10-10)
113.
"Organ Trade GP
suspended." BBC News, 15 October, 2002. (Accessed 2014-08-03)
114.
POHRC (2008), p. 4, column 1. (Accessed 2014-03-12)
115.
POHRC (2008), p. 4, column 1. (Accessed 2014-03-12)
116. Consultations,
College of
Physicians of Quebec (Tuesday 17 September 2013 - Vol. 43 no. 34), T#154
117. Consultations, Tuesday, 17 September
2013 - Vol. 43 no. 34:
College of
Physicians (Dr. Charles Bernard, Dr. Yves Robert, Dr. Michelle Marchand),
T#154
118. "However rude it may be these days to say so,
there are some moral truths that we all really know - truths which a normal
human being is unable not to know. They are a universal possession, the
emblem of a rational mind, an heirloom of the family of man. That doesn't
mean that we know them with unfailing perfect clarity, or that we have
reasoned out their remotest implications; we don't and we haven't. Nor does
it mean that we never pretend not to know them even though we do, or that we
never lose our nerve when told they aren't true; we do, and we do. It
doesn't even mean that we are born knowing them, that we never get mixed up
about them, or that se assent to them just a readily whether they are taught
to us or not. That can't even be said of 'two plus two is four.'"
Budziszewski J., What We Can't Not Know: A Guide. Dallas: Spence
Publishing, 2003, p. 19.
119. Murphy S.
"Redefining the Practice of
Medicine- Euthanasia in Quebec, Part 9: Codes of Ethics and Killing."
Protection of Conscience Project, March, 2014
120. "OMA Urges CPSO to Abandon Draft Policy on
Physicians and the Ontario Human Rights Code." OMA President's Update,
Volume 13, No. 23 September 12, 2008. "OMA Response to CPSO Draft Policy
‘Physicians and the Ontario Human Rights Code.’" Statement of the Ontario
Medical Association, 11 September, 2008.
121. Carleton University, Centre on Values and
Ethics. John R.
Williams, Curriculum Vitae. (Accessed 2014-08-03)
122. Mackay B. "Sign
in office ends clash between MD's beliefs, patients' requests." CMAJ
January 7, 2003 vol. 168 no. 1 (Accessed 2014-02-16)
123. Canadian Medical Association Policy:
Induced abortion. Approved by the CMA Board of Directors, December 15,
1988. (Accessed 2014-02-21)
124.
Joint Statement on
Preventing and Resolving Ethical Conflicts Involving Health Care Providers
and Persons Receiving Care (1998) Approved by the Canadian Medical
Association, Canadian Healthcare Association, Canadian Nurses' Association,
Catholic Health Association of Canada.
125. General Medical Council (United Kingdom)
Personal Beliefs and Medical Practice (2008) (Accessed 2014-08-01)
126. General Medical Council,
Personal Beliefs and Medical Practice (Effective 22 April,
2013) (Accessed 2014-07-31)
127.
Protection of
Conscience Project, Submission to the General Medical Council of the United
Kingdom Re: Personal Beliefs and Medical Practice: A Draft for Consultation
(June, 2013)
128. United Kingdom Parliament, House of Lords
Select Committee on Assisted Dying for the Terminally Ill Bill:
Selections from the First
Report.
129. Joint Committee On Human Rights Twelfth
Report:
Assisted Dying for the Terminally Ill Bill, Para. 3.11 to 3.16.
(Accessed 2014-08-01)
130. "There is no requirement on them any longer
to refer the patient to another physician who might be willing to assist.
This deals with what I think was a constant concern of many commentators
about the Bill, and I think it is right that if a physician has a
conscientious objection, he or she should be entitled to withdraw
completely. This, of course, applies not only to the physician but to the
whole medical team, including the nurses and social workers and everybody
involved." United Kingdom Parliament, House of Lords Select Committee on
Assisted Dying for the Terminally Ill Bill:
Examination of Witnesses (Questions 70 - 79) , Thursday, 16
September, 2004, Q70. (Accessed 2014-08-01)
131. Director of Public Prosecutions,
Policy for Prosecutors in Respect of Cases of Encouraging or Assisting
Suicide. February, 2010, para. 43.14 () (Accessed 2014-08-03)
132. General Medical Council (United Kingdom)
Personal Beliefs and Medical Practice. (2008) (Accessed
2014-07-31)
133. General Medical Council,
Personal Beliefs and Medical Practice (Effective 22 April,
2013) (Accessed 2014-07-31)
Prev | Next