Steve Jalsevac

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Critical organ donation warnings and guidance in new pamphlet: “Do not do an Apnea test!”

Steve Jalsevac
Steve Jalsevac

April 26, 2012 (LifeSiteNews.com) - Dr. Paul Byrne has been on a personal mission for many years to warn the public about the alarming facts and dangers of the $20 billion dollar-a-year organ transplant industry.  At the International Conference for Life in Vatican City February 25, Byrne and other distinguished speakers, including Cardinal Raymond Burke, addressed serious concerns regarding so-called “brain death”, the apnea test and organ transplantation. Dr. Bryne also introduced a new 29-page booklet produced by his Life Guardian Foundation containing crucial information to assist the public in making informed decisions about organ donation.

The new Life Guardian booklet which Dr. Byrne briefly describes in a LifeSiteNews video interview recorded in Rome, is divided into six main sections:

  • Facts About Being an Organ Donor - What you don’t know can kill you
  • Do Your Organs Belong to the Government?
  • Are You Thinking About Organ Transplantation? Making an Informed Decision
  • Manipulation of Beginning and End of Human Life
  • Catholic Teaching on Death and Organ Transplantation

The last part of the booklet contains tear-out forms, with instructions, intended to protect its readers from premature declarations of death that can result in imposed death, followed by subsequent unethical removal of their organs.

Dr. Byrne believes such forms are necessary due to increasingly hurried and flawed death declarations and the very aggressive tactics of the organ transplant industry.

The first form, a basic, Power of Attorney for Health Care, is followed by three complimentary, additional forms:

  1. Directions to Protect and Preserve Life for Power of Attorney for Health Care
  2. Directions to Protect and Protect and Preserve Life and Health Care Representative Serving as an Agent for Dependent Person who is a Minor or Mentally incapacitated person
  3. Directions to Protect and Preserve Life to be carried at all times in case of sudden accident or serious illness

Each of he last three forms includes the strict, bolded direction, “Do not hasten death. Do not shorten death. Do not do an apnea test. Do not take any organ for transplantation or any other purpose.”

The reference to the apnea test reflects grave concerns by Dr. Bryne and other medical professionals that this deadly procedure frequently hastens the death of those being “tested,” some of whom might yet recover, since they are deprived of ventilation for the dangerously long period of time set to determine if they can breathe on their own.

Byrne writes, “Knowing full well how critical the ventilator is, to withdraw it when it is needed most is absurd! Yet, it is planned for the patient to be taken off for up to 10 minutes - the patient can only get worse! This test is sometimes lethal. Make sure to instruct all medical staff: “Do not do an Apnea test!”

Dr. Byrne contacted LifeSiteNews to add, “carbon dioxide normally remains below 45 in us and when a patient is on a ventilator, the goal is to keep the carbon dioxide below 45. When doing an apnea test (the test for sleep apnea is not an apnea test), the respiration supporting ventilator is taken from the patient causing the carbon dioxide to increase to at least 60, and sometimes higher. When the carbon dioxide goes to these levels, swelling in the brain occurs or gets worse if it is already present. This is tantamount to suffocation.”

“The ventilator can be effective only in someone living” emphasizes Byrne. “The ventilator pushes air into the lungs; the air goes out (exhaled) only when and because the living body pushes it out. This does not occur in a cadaver/corpse/dead body.”

Although parts of the Life Guardian Pamphlet are directed to Catholics who are considering becoming organ donors, there is also much medical/ethical information applicable to a more general audience.

The medical credentials of Dr. Byrne have given considerable weight to the credibility of his presentations on the controversial topics which he has traveled to numerous countries to speak about. The new booklet describes Byrnes credentials as follows:

Dr. Paul Byrne, a Neonatologist is Director of Neonatology and Director of Pediatrics at St. Charles Mercy Hospital in Oregon, Ohio; Clinical Professor of Pediatrics, University of Toledo College of Medicine; Board Certified in Pediatrics and Neonatal-Perinatal Medicine: Member of the Fellowship of Catholic Scholars; past-President of the Catholic Medical Association (USA); and author of numerous articles on “brain death” and organ transplantation in medical and law journals and lay press. He is the producer of the film Continuum of Life and the author of Life, Life Support and Death, Beyond Brain Death, and Brain Death is Not Death. Dr. Byrne has presented testimony on life-death issues to nine state legislatures beginning in 1967, He opposed Dr. Jack Kevorkian on Cross-Fire, and has appeared on Good Morning America, the BBC documentary, “Are the donors really dead?” and public television in Japan.

See yesterday’s related LifeSiteNews report with many other related links, Dad rescues ‘brain dead’ son from doctors wishing to harvest his organs - boy recovers completely


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

LifeSiteNews staff
By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

Click "like" if you want to defend true marriage.

In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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