Shortly after Canada’s Assisted Dying Law, Bill C-14, was passed in early 2016, the College of Physicians and Surgeons of Ontario (CPSO) issued a policy direction to its members. It required them to refer their patients to other health professionals in cases where the referring doctor was being asked for treatment that clashed with his/her religious beliefs.
The directive recognized that the conscientious objectors were not required to perform the disputed medical procedure themselves, but by choosing not to, their duty of care required them instead to refer such patients to a doctor who would.
This was not acceptable to many doctors including those who are members of the Christian Medical and Dental Society of Canada, the Canadian Federation of Catholic Physicians Societies, and Canadian Physicians for Life. Those organizations launched an application to the Ontario Divisional Court seeking an order striking out CPSO’s directive. However, the Court rejected the application saying that those doctors can ask their staff to handle the referral process or choose to specialize in a type of medicine where those issues are less frequent.
The decision was appealed to Ontario’s highest Court which released its ruling on May 15. The Court of Appeal in a unanimous decision dismissed the appeal which was based on arguments including that there is no evidence that patients would be harmed by not receiving a referral. In its decision, the Court said, “The issues raised in this proceeding present difficult choices for religious physicians who object to the policies, but they do have choices. While the solution is not a perfect one for some physicians, it is not a perfect one for their patients either. They will lose the personal support of their physicians at a time when they are most vulnerable.”
CPSO called the ruling a victory for patients saying, “The Court has recognized the importance of ensuring patients get access to the care they need. Our effective referral policy ensures equitable access to healthcare, particularly on the part of the more vulnerable members of our society while respecting the rights of all those involved.”
A spokesman for Canadian Physicians for Life responded by saying, “For many their religious and conscience rights are being violated and they won’t be able to practise medicine in Ontario.” It said that an appeal to the Supreme Court of Canada “is not off the table.”