Canadian Court orders doctors to refer patients for abortion and assisted suicide

A court in Ontario has ruled that doctors must refer patients for all procedures and drugs, including abortion and assisted suicide, even if they conscientiously object. The Court held that “equitable access” to health care services is of “sufficient importance to warrant overriding” the right of religious freedom.

The background of the case are policies of the body regulating the practice of medicine in Ontario which require that pro-life doctors who object to abortion and euthanasia must refer patients seeking those services to a “non-objecting, available, and accessible” physician, “in a timely manner” ensuring that the patient is “not exposed to adverse clinical outcomes” because of delay. This was appealed to the Supreme Court which found that the forced referrals are a violation of religious freedom, but also ruled that “equitable access” to such procedures was more important and thus justified the religious freedom violation. The Court drew a number of further conclusions including that doctors unwilling to provide “effective referrals” will have to change their area of practice; practicing medicine from a Christian ethical framework is characterised as one likely to shame patients; Professional disciplinary proceedings is a likely consequence for Christians who practice according to conscience and decline to refer; and, in the public square, in the event of a conflict between doctors’ rights and the patients’ interests, religious freedom loses.

The Iona Institute
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