Peter Baklinski

Physician conscience rights still officially protected in Canada, but increasingly threatened

Peter Baklinski
Peter Baklinski

POWELL RIVER, British Columbia, August 28, 2012 (LifeSiteNews.com) – After the Canadian Medical Association (CMA) voted two weeks ago to support the wording of the country’s Criminal Code which states that a baby becomes a “human being” only after being born, LifeSiteNews decided to track down where the CMA stands with regard to conscious rights for doctors who believe that babies are human before being born and want nothing to do with abortion.

CMA’s current 1988 policy for “induced abortion” in relation to doctors states that a physician “whose moral or religious beliefs prevent him or her from recommending or performing an abortion should inform the patient of this so that she may consult another physician.”

The CMA policy moreover clarifies that “no discrimination should be directed against doctors who do not perform or assist at induced abortions. Respect for the right of personal decision in this area must be stressed, particularly for doctors training in obstetrics and gynecology, and anesthesia.”

While the written policy sounds like it does protect pro-life physicians, LifeSiteNews contacted Sean Murphy, administrator for the Protection of Conscience Project (PCP), to find out more about how the policy is applied in practice, and about freedom of conscience for physicians in general in Canada.

LSN: Even the CMA, which holds rigorous views on abortion, still believes in conscience rights, but not completely. In 2007, Jeff Blackmer, executive director of the Office of Ethics for the CMA, wrote a piece titled “Clarification of the CMA’s position concerning induced abortion” wherein he states that a doctor “should not interfere in any way with this patient’s right to obtain the abortion. At the patient’s request, you [the doctor] should also indicate alternative sources where she might obtain a referral.”

PCP: This statement was published because of a controversy that erupted over a 2006 guest editorial in the CMA Journal by Professor Jocelyn Downie of Dalhousie University and Sanda Rogers of the University of Ottawa. They claimed that physicians were obliged to refer for abortion. Responses from the CPC and others are here.

Dr. Blackmer’s statement is not considered an assertion that physicians are obliged to refer for abortion. It would be sufficient for a physician to indicate that if the patient wished to pursue the matter she could contact other physicians or the College of Physicians and surgeons, or consult a telephone book. In my experience, physicians who object to referral for reasons of conscience (not all do) do not normally object to providing this kind of information.

In June, 1977, the CMA revised its Code of Ethics to include a clause that imposed an obligation to refer for morally contested procedures (abortion was not specifically named). The clause was removed the following year because of opposition from CMA members. David Williams, then CMA director of ethics, told me in 2000 that the policy was dropped because there was no ethical consensus to support it. Nothing has changed in this respect.

The issue of referral has appropriately been described as an intractable problem by Holly Fernandez-Lynch in Conflicts of Conscience in Health Care: An Institutional Compromise. See the PCP review here. It was highly controversial for the CMA in 1977, and it still is. Indeed, given Carter v Canada, [a case that recently legalized euthanasia and assisted suicide in Canada but was appealed by the government of Canada] it may become even more controversial. (see below)

LSN: How do you see the state of conscience rights for doctors in Canada?

PCP: ‘Rights’ language is problematic for a number of reasons, not the least of which is the use of rights language to justify ethical aggression and ethical cleansing of professions. The issue is better expressed in terms of fundamental human freedom.

The situation is precarious because much depends upon the attitude of the legal and human rights establishment, which both appear to be developing attitudes that are increasingly hostile to the exercise of freedom of conscience when the exercise expresses what might be termed politically incorrect views.

The underlying problem is disagreement about the nature of human rights. The foundational problem is disagreement about the nature of the human person.

Physicians are in a better position to defend their fundamental freedoms than most other health care workers because of their professional dominance and relative independence. A physician who has completed the educational and regulatory requirements for practice can, if need be, begin to practise independently. A qualified nurse, on the other hand, must find an employer in order to work, and remains dependent on an employer in order to continue to work and advance in the profession. Pharmacists are similarly disadvantaged.

LSN: Do you see an erosion happening with regard to conscience rights for doctors in Canada?

PCP: This is difficult to assess because factors that can contribute to erosion may operate out of the public eye: in law schools, in committees of Colleges of Physicians or associations, in seminars or meetings of ‘rights’ groups, and in government bureaucracies.

For example:

• Prof. Sanda Rogers was reported to have told a class at the University of Ottawa on 28 October, 2004, that a physician is required by law to refer patients for abortion, even if the physician objects to the procedure for reasons of conscience. The Dean of the Faculty of Medicine denied that the statement was made. However, the CMA Journal editorial she co-authored with Jocelyn Downie in 2006 appears to reflect the position attributed to her two years earlier. We do not know how often this kind of statement is made in post-secondary classrooms across the country.

• In 2008, the Ontario College of Physicians and Surgeons very nearly adopted a policy to prohibit physicians in the province from acting on their moral, ethical or religious beliefs. This was the result of pressure from the Ontario Human Rights Commission.

Most physicians in the province were unaware that this was happening until the day before the deadline for comment on the policy. The PCP issued a news release and alerted its contacts after being called by a physician who discovered the draft policy by accident.

The resulting uproar forced the College to backpedal somewhat. However, its revised draft was completed before the deadline for public consultation had expired, and the College refused to release the revised draft until the eve of the Council meeting that was to consider it, effectively precluding further critical comment on the document that the Council was to consider. Despite calls from the Ontario Medical Association and the PCP to postpone the vote, the policy was adopted. The most blatantly provocative sections were removed, but the amended policy is less than satisfactory.

• Another important consideration is the potential effect of Carter v. Canada, the BC Supreme Court judgement that proposes to legalize physician assisted suicide and therapeutic homicide (the term used by a CMA Journal editorial). The Royal Society of Canada “expert panel” on euthanasia and assisted suicide recommended that objecting physicians be forced to refer for the procedures. Three of the authors of that report were witnesses for the plaintiffs in Carter v. Canada, and a fourth, Joceyln Downie, instructed the plaintiffs’ expert witnesses. 

As noted above, Downie has long been a proponent of compulsory referral for abortion. The PCP does not take a position on the morality or desirability of assisted suicide or therapeutic homicide, but is concerned that legalization of the procedures would threaten freedom of conscience for health care workers. A response to the judgement from the CPC dealing with this issue is in preparation.

LSN: Do we need laws that affirm conscience rights? If so, what should those laws look like?

PCP: Yes, we need laws that affirm conscience rights. Laws can be general or procedure-specific. There are advantages and disadvantages to both approaches. See the Model Statute on the PCP website and examples of other proposed or existing legislation.

LSN: What can a doctor do to keep his job who has made the decision to be no part of a process that ends the life of a child in the womb?

PCP: It is a serious mistake to confine concerns about freedom of conscience to abortion.

• In the case of a morally contested procedure or service, an objecting physician should first ensure that he has a solid understanding of the essential facts concerning it, based on sound science and the latest reliable research.

• Academic discipline requires an ability to distinguish between what lies within the province of science and what lies elsewhere. “Personhood,” for example, can have distinctive philosophical or legal meanings, but it is not a scientific concept at all. Whether or not something “ought” to be done is a subject for philosophy, religion, or ethics - not science. Keeping clear about this is essential for good communication with patients and colleagues.

• Obtain copies of the policies of regulatory and licensing authorities and study them. Do not ignore the policies of specialist associations that may have considerable influence in setting ‘standards of care.’

• Some objectors encounter problems primarily because of the way they communicate with patients, colleagues or others. If it is necessary to explain your position, it must be done so in a way that refers to your own moral responsibility, not that of the patient or colleague. Avoid expressions that impute wrongdoing to others or that might come across as “preaching”.

• Conscientious objection is likely to make colleagues who do not share your views uncomfortable because it implies that what they are doing is wrong. It is unwise to increase their discomfort by making statements that will be perceived as questioning their moral judgement, as they are then likely to become hostile. Take note of their discomfort - “You seem troubled/ disturbed/surprised” and invite dialogue - “Have I offended you?”

• In addition to discomfort, you may encounter a belligerent challenge, contempt or condescension. If you are taken by surprise or become flustered, no harm is done by admitting the fact and suggesting that time should be made for an uninterrupted chat.

• Don’t rush into what might prove to be a contentious discussion simply to counter an offensive or ill-timed remark. Everyone will benefit if even a few minutes is taken to reflect and relax.

• Resist the urge to explain or defend yourself. Instead, ask your interlocutor to explain his concerns. Listen carefully, and ask questions, not to challenge his views, but to clarify the issues and identify any unexamined presuppositions that are governing his approach to them.

• There is no point exasperating a colleague by attempting to argue from incorrect assumptions about what he knows or believes. Let him tell you. Identify points of agreement and points of contention, and work together from there.

• The notion of working together with your critic is important. The goal is authentic and respectful communication, even if it involves serious argument and fundamental disagreements.

• If you are uncertain about how to reply to facts or an argument presented by your critic, you should simply admit it and promise to continue the discussion after you have had time to think further about it or research the problem. Offer your critic the same courtesy, unasked for, if need be. There is no need to resolve everything at once. In fact, it may prove difficult to resolve even preliminary matters in the first encounter.

• Long before a crisis looms you should seek the fellowship of students and professionals from other religious traditions (or none) who have a common interest in securing freedom of conscience in health care. You may be surprised to find that someone from a completely different faith and culture is more supportive of your views than a co-religionist who lives down the street.

Dr. Will Johnston, president of Canadian Physicians for Life recently told LifeSiteNews that Canadian doctors who want a “serious alternative” to the conversation provided by the CMA “can find it in Canadian Physicians for Life.”


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The Romanian Orthodox Church's Patriarchal Cathedral in Bucharest Wikimedia Commons
Bogdan Stanciu

Romanian news outlet sanctioned for discrimination in attacking pro-life initiative

Bogdan Stanciu
By Bogdan Stanciu

BUCHAREST, Romania -- A decision of CNCD, Romania's Council Against Discrimination, has recently become definitive, recognizing the right to dignity of all Orthodox Christians in the country.

Last year, PRO VITA Association - Bucharest branch, one of the main nonprofits in Romania defending life, family and religious liberty, filed an official complaint with the Council, showing that a blog post dated May 17, 2013 and hosted on the Adevarul.ro platform prejudiced the image of Christian Orthodox believers.

The article, signed "Alex Dumitriu," challenged the support given by the Romanian Orthodox Church to the “One of Us” European initiative, which required a ban on public funding for the destruction of embryos during research and medical procedures.

The blog post described the Romanian Orthodox Church as an “anti-human, criminal and anti-life organization, whose purpose is spreading suffering and abjectness, mysticism and ignorance for their own profit.”

The applicant argued that these allegations created a degrading and hostile atmosphere for Orthodox Christians in Romania, thus harming a whole community.

The Council agreed that the affirmations in the article referred to both the clerics and the simple believers and discriminated against the Christian Orthodox community. It concluded it was discrimination, infringing upon the right to dignity granted to persons of Christian Orthodox confession.

Click "like" if you are PRO-LIFE!

The council cited the European Convention on Human Rights, which states that freedom of expression is not an absolute right in Europe, carrying with it duties and responsibilities. Also, the Adevarul.ro platform was fined a symbolic sum of 2,000 RON (approximately 445 EUR).

It is for the first time in Romania that a media institution is sanctioned for discriminating against Christians.

As a brand, the Adevarul newspaper has continued the tradition of a title established in the 19th century, but after 1989 it took over the infrastructure and human resources of the recently-deceased communist newspaper Scanteia, the official propaganda channel of the Romanian Communist Party. Today it has also developed Adevarul.ro, an online platform that is one of the most popular media channels in Romania.

Adevarul.ro has recently made it a habit of harassing the Romanian Orthodox Church with almost daily frequency, presenting negative aspects in the church and tendentious articles of opinion about this institution and about Creationism and Christianity in general, in what looks more and more like an ideological guerrilla warfare.


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Paul Russell

Nitschke heads a suicide cult that must be stopped

Paul Russell
By Paul Russell

Following The Australian's news story today about another young life lost that was related to Philip Nitschke and the Exit organisation, senior journalist, Angela Shanahan says that Nitschke and Exit must be stopped.

Shanahan opens: 

PHILIP Nitschke, contrary to his claims as an advocate of euthanasia for the terminally ill, is the chief mover of something resembling a suicide cult.

The case histories of Lucas Taylor, 26, and Joe Waterman, 25, who committed suicide after being in contact with Nitschke’s group, Exit, leave little doubt of that.

Lucas Taylor was the subject of the other article in today's paper while Joe Waterman's story was covered earlier in the ABCs 7:30 Report that created the original furore leading to the medical board suspending Nitschke's practicing licence today.

Covering the information Judi Taylor found on her son's computer after his death the story adds: 

His heartbroken mother realised that her son was not the only young person on this site. Nor was anyone on the site interested in the motivation for his thoughts of suicide, nor in helping Lucas to overcome his feelings.

“They were only interested in the ‘endgame’,” she said, including detailed advice about where and when and how to go about it.

Again, this destroys any pretence that Nitschke and Exit are only involved in advising sick and dying people about how to commit suicide. This is a macabre and clandestine death industry. Hope joins with Angela Shanahan in calling for this organisation to be stopped and is joined now in our call for a National Inquiry into Exit and other euthanasia organisations by the mothers of both of the young men mentioned in this article.

Shanahan closes by saying: Nitschke’s claim of political persecution is risible. He and his organisation must be stopped.

Reprinted with permission from NoEuthanasia.org.au.


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Hilary White Hilary White Follow Hilary

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Leaving the Matrix: what is the cost of conversion?

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By Hilary White

What do you do when you decide to leave a sexually disordered lifestyle? What do you do, when all the people you have contact with, all your friends, even your family, have accepted and embraced a way of living and thinking about life that you have realized is harmful, psychologically and morally destructive, and which you know you must leave? What is the cost of conversion?

We can easily get caught up in the tumult of the ever-escalating legal, political, and cultural war against the traditional worldview and anthropology, so much that we forget that the “issue” is about real, individual human beings and how they should, concretely, order their lives. We culture warriors must remember that what we are asking people to do is difficult, that it can incur huge sacrifice and loss and will often require enormous upheaval and change. We are asking people to leave not only a “lifestyle” of sexual activity, but an entire world, populated with family, friends, co-workers, colleagues, and an entire global culture that embraces and aggressively promotes it.

I include not only the experience of leaving the “gay lifestyle,” but of leaving a worldview, a cultural paradigm that accepts and promotes sexual license of any kind in general. It is more than the questions surrounding the so-called “ex-gay” movement, and more than the issue of living chastely in an increasingly sexually obsessed world.

How ought a person who experiences same-sex attraction react when it begins to dawn on him that, for whatever reason, he cannot continue to live according to the world’s paradigm? We know how the homosexualist movement says he ought to react, and we know that the secular world (nearly all the world, therefore) is in more or less complete agreement. He should reject such self-negating thoughts. He should embrace his “orientation” and start to seek out same-sex sexual relationships, and carry on in the way that they tell us life is now normally lived.

He should engage in sexual encounters with various people, sometimes setting up “relationships” for varying lengths of time, breaking up, moving on, finding someone else, perhaps cohabitating, and maybe, some day, “settling down” with one person, either in “marriage,” or not, as the mood strikes. This is what the world now presents to us as normal. Nearly every television show and movie set in our times says this is just how people live nowadays. 

It is only too easy for those of us who live out here in The Real to forget how totally different our lives are from that of the majority of our fellow men. We shout, “jump!” because we see a whole other lush, green and happy world, but they see nothing but the shadows on the cave wall.

But those few of us left who think this is not a very good way to live, that it is morally and psychologically destructive, have in large part to forge our own way in life, figure out a set of rules and standards to live by alone, all the while fighting the pressure to conform. Even for those of us not plagued by sexual feelings towards people of the same sex it isn’t easy.

It is particularly not easy for those of us who have decided later in life to try to embrace a different path, but who had previously followed the world’s advice, and who had never known any other way of living. What does it take to totally change a worldview, a method of organizing one’s life and all social relationships? How hard is it to reinvent a way of life that the world has not only abandoned, but aggressively rejected and condemned?

The cost will usually be, at least, the loss of nearly all one’s friends, sometimes even very close friends. Very often it will include alienating, sometimes permanently, one’s own family. Since the Sexual Revolution’s paradigm has now been embraced by three or four or more generations, it will often mean alienation from parents and siblings.

It will sometimes mean the loss of good relations with co-workers and colleagues, and sometimes even the loss of jobs and careers. I know a man, a previously highly respected author, who was totally rejected by the entire literary establishment of his home country, a heavily secular nation, when he embraced Catholicism, including its sexual moral teachings. He told me that he expected he would never be published again outside the Catholic niche press. None of his previous friends would speak to him and for the first two years his mother had refused to take his calls.

He had been asked again and again why, if he felt he had to become a Christian, he could not have become an Anglican. And why this “sudden obsession” with “outdated” and “retrograde” sexual morality? He said that, in essence, he was treated as he would have been in the 19th century had he “come out” as a homosexual. Chastity, in other words, is the new perversion.

It is a momentous decision to leave that world, and people who make that transition compare it to leaving the Matrix: a painful, shocking and revelatory experience of a totally new and previously unguessed-at world that can leave the person disoriented, feeling as though he is now living in a kind of “parallel universe” in which he is alone and alienated from friends and family and fellow citizens.

There is an increasing number of us “converts” to a more morally sane life, who often find that once we have made the transition we are alone again. And even when we find others, a new community and friends – usually in a church – we learn that we must keep the door to the past closed. It’s not that we fear rejection, far from it, and it is not even a matter of shame.

But we understand that in a civilized society, no one wants to hear about barbarity, and we learn that to keep our past life closely in mind is to allow it to continue to rule the present. Close friends will know about our past, but, outside the most intimate circles it is passed over silently. We have reinvented ourselves and moved on, but the price is sometimes to become people with no past. To be wholly remade, it is necessary to leave behind the person we were.

It works. I can say that it is possible to be radically morally rebuilt, that one can reconstruct an entire personality, consciously dismantle past habits of thought and approach to life and replace them with better ones. The damage from the previous life, whether physical or psychological, can be permanent, but it is possible to construct a way of living that is morally and psychologically and physically healthy, and reorder a life in such a way that the damage does not rule your present. 

But it’s expensive. For me, it started when I was still living in British Columbia. I felt something new beginning in my mind and felt a yearning spring up that could not be satisfied by anything I’d experienced… the usual convert’s tale.

I’d been aware all my life that the kind of world we lived in, and the kind of life we lived in it, was somehow just not right. I loved old films and television shows that depicted a totally different way of living. I was close to my grandparents and wondered why we no longer lived that way. When I moved to the mainland in my early 20s, I somehow started going to Mass again, and that was when the real struggle began. I knew full well that the way I lived and thought about life was deeply at odds with the Church.

But I was alone. None of my friends were Catholic and none of them could begin to understand what it was I had begun to talk about. And I had made no friends at the large inner city parish I attended. I had tried to join a few things, and had volunteered a bit, but I could see that I had nothing in common with them. It seemed as though these people lived in another universe, one I could not even want to enter. A priest suggested I get involved in the pro-life movement, and I rejected this idea out of hand as totally absurd.

I thought I could only ask God for help. I prayed for “Catholic friends.” This brought no change, so I scaled down and said, “All right then, just one. Just one Catholic friend.” In the end, I simply got up and left one day. I’ve written elsewhere that I just got in a car and went “on holiday” out east, and never returned. When I landed in the far-eastern Canadian town where I was to undertake my own radical conversion, I only stopped there because I had run out of continent.

And it was there I discovered a whole new world, a moral universe of whose existence I had been previously totally ignorant. I met my “Catholic friends,” and was able to start the painful task of first deconstructing and then rebuilding my entire worldview, my character, my beliefs, my total understanding of life, the universe, and everything.

“Painful”? I barely survived. It took a year but I emerged a new kind of person in a new kind of world that I had never suspected existed. I met a group of other people who had undergone the same experience and we traded war stories. We agreed that it was like living in a parallel universe, and we bonded over the loss of previous friendships and family relationships. We helped each other, this little group of Catholic refugees on the rain-washed East Coast, to figure out a way to live in a world to which we no longer belonged. 

We talk about the programs set up by various individuals and groups that propose to help people, (mainly men) leave the homosexual lifestyle. We defend the right of psychotherapists to offer healing and help for people who have been damaged by their own choices and by the violence and sins of others. We lobby our Parliaments, we write articles, we even argue in comment boxes on the internet. We sometimes get brave and give talks and engage in public debates where we confront our ideological opponents in public venues. In all this, we rightly speak against the New Paradigm that the world has embraced and we urge people to reject it. It’s a form of evangelization.

But I think we need to keep in mind, while we are doing this good work, that what we are asking people to do, concretely, is momentous. Indeed, from the point of view of heaven, it is of cosmic significance. In less exalted terms, however, we are asking something almost unimaginably difficult of people ensnared in a way of living and thinking that they may not even completely understand themselves.

So much of our anti-culture, our death-culture, has been simply absorbed unconsciously, so much of it has been fed to us with our Fruit Loops and Saturday Morning Cartoons from earliest childhood, that we often have no way of knowing anything else exists. We have become people trapped in Plato’s Cave, knowing only the vaguest shadows of reality.

It is only too easy for those of us who live out here in The Real to forget how totally different our lives are from that of the majority of our fellow men. We shout, “jump!” because we see a whole other lush, green and happy world, but they see nothing but the shadows on the cave wall.

Ultimately, the Matrix is not only unreal, it is designed to make men miserable, but in such a way that they are hardly aware of being miserable. It not only enslaves, but tortures its victims. There is a reason that suicide, divorce, drug use, violent crime, self-harm, eating disorders, depression, … misery, in short, have grown to such colossal proportions in our societies.

If I may make a suggestion, maybe we could start writing and talking about how much better it is to live in The Real. How much happier it is possible to be when living a morally integrated life of self-control, not being pushed around either by lust or by the merciless demands of a lust-worshipping culture...a life of real freedom, in other words. It might help make the jump less frightening.


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