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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‘It’s another boy!’: 4th video goes into heart of Planned Parenthood fetal body parts lab

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By Pete Baklinski

Urgent: Sign the petition demanding that Congress investigate and defund Planned Parenthood here

July 30, 2015 (LifeSiteNews) – Workers in a lab are seen sorting through body parts on a dish: a heart, stomach, kidney, and legs.

And then a medical assistant suddenly announces: "It's another boy!"

This is just a little of the macabre and heart-wrenching footage in the newest undercover video showing alleged harvesting and sale of body parts from aborted babies by Planned Parenthood, released Thursday morning.

The newest video also shows a Planned Parenthood medical director negotiating a fetal body parts deal while agreeing to prices for harvested parts, and suggesting ways to avoid legal consequences.

"For anyone with a conscience, the video's entire fetal organ scene is wrenching -- to the gut as well as the heart. It hearkens us back to the days of Joseph Mengele or Kermit Gosnell, who both coldly killed and dissected children without remorse," said Operation Rescue President Troy Newman, in a press release.

The video takes the viewer into Planned Parenthood of the Rocky Mountains, where Vice President and Medical Director Dr. Savita Ginde discusses with actors posing as representatives from a human biologics company a potential partnership to harvest fetal organs.

When one of the actors posing as a buyer asks the doctor if “compensation could be specific to the specimen?” Ginde agrees. As the camera travels to the abortion clinic’s pathological laboratory to reveal the aftermath of a real abortion of a baby boy, Ginde tells the buyer that the abortion clinic would rather receive payment per body part harvested, rather than a standard flat fee for the entire case.

“I think a per-item thing works a little better, just because we can see how much we can get out of it,” she is heard saying on the video.

Planned Parenthood hit national headlines last month after undercover videos released by the pro-life group Center for Medical Progress (CMP) showed top officials from the nation’s largest abortion provider discussing the sale of body parts harvested from babies aborted at their facilities. Those behind the undercover videos say that selling the body parts for profit is a violation of federal law.

Yesterday, the California Superior Court issued a narrow temporary restraining order preventing CMP from releasing further undercover video footage involving top-level staff of StemExpress, the company that purchases the body parts from Planned Parenthood. 

Project Lead David Daleiden is using the fourth video to call for an immediate ending to Planned Parenthood’s funding.

“Elected officials need to listen to the public outcry for an immediate moratorium on Planned Parenthood’s taxpayer funding while the 10 state investigations and 3 Congressional committees determine the full extent of Planned Parenthood’s sale of baby parts.”

“Planned Parenthood’s recent call for the NIH to convene an expert panel to ‘study’ fetal experimentation is absurd after suggestions from Planned Parenthood’s Dr. Ginde that ‘research’ can be used as a catch-all to cover-up baby parts sales. The biggest problem is bad actors like Planned Parenthood who hold themselves above the law in order to harvest and make money off of aborted fetal brains, hearts, and livers,” he said. 

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"It really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts," said Stephen Phelan of HLI Andrew Cline / Shutterstock.com
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Jeb Bush was director of philanthropy that gave tens of millions to Planned Parenthood

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By Ben Johnson

Analysis

NEW YORK, July 30, 2015 (LifeSiteNews) - Until the eve of his presidential campaign, Jeb Bush was director of a philanthropy that gave tens of millions of dollars to Planned Parenthood and financed its advocacy of "unrestricted access to abortion" around the world. The charity also approved money to global abortion providers while he sat on its board.

In 2010, Jeb was named one of the founding directors of the Bloomberg Family Foundation, established as a tax-exempt foundation to advance the vision of former New York City Mayor Michael Bloomberg. He resigned from the board at the end of 2014 to prepare his presidential campaign.

While a Bush spokesman has responded to concerns by saying that Bush would not have voted on every initiative of the foundation, a pro-life leader told LifeSiteNews it "stretches credibility" that Bush was unaware of the foundation's pro-abortion work, given the centrality of such work to the foundation's mission, and its scope.

LifeSiteNews reached out to Bush for comment, but did not hear back by press time. 

$50 million to 'reproductive health' and Planned Parenthood

In March of 2014, the Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including lobbying foreign nations to loosen restrictions on abortion.

Bloomberg announced a major partnership with Planned Parenthood-Global to train and equip abortion activists in pro-life countries.

"In 2014, we started supporting local nonprofit organizations in Burkina Faso, Senegal, Uganda, and Nicaragua to advocate for better policies in their countries that will expand access to comprehensive reproductive health services," the foundation stated. "These organizations will receive technical assistance from Planned Parenthood Federation of America – Global Division to help augment their capacity for effective advocacy." 

Planned Parenthood President Cecile Richards greeted the news by saying that "governments need to play a stronger role to ensure that all women have access to the health care they need" - including abortion - "no matter who they are, no matter where they live.”

Bloomberg clarified how the partnership would work while receiving Planned Parenthood's Global Citizen Award at its annual gala last March 27.

"We'll Push for Less Restrictive Abortion Laws"

"I am happy to say our major partner in this project will be Planned Parenthood - Global," Bloomberg said. "In some countries, our funding will help advocates work towards better sexual health policies for teens and better access to contraceptives. In others, we'll help push for less restrictive abortion laws and more government funding for high-quality, accessible services."

Such advocacy was "necessary," he continued, because "there are plenty of outside interest groups funding the other side of these issues, and we cannot let them go unanswered."

"This is a fight to women control their own destinies," Bloomberg said. "And let me tell you: We are in it to help them win it, and we're gonna stay in it until they do."

"Together we can succeed," he concluded. "Thank you for this award. God bless."

As head of a foundation with $5.4 billion in assets, which awards more than $200 million a year, the three-term mayor of New York has put his money where his mouth is.

Funding Global Abortion Providers

One aspect of his philanthropy's overall health initiative is to underwrite  "reproductive health services in the most remote areas of" Tanzania. Although all grants say they are intended "to reduce maternal deaths," alongside the CDC and the World Lung Foundation, Bloomberg Philanthropies has funded two abortion providers.

In 2013, Bloomberg Philanthropies approved a  a grant of $1,818,000 for EngenderHealth, and another $250,000 for Marie Stopes International - Tanzania.

"EngenderHealth works to ensure reproductive rights of Tanzanian women and their families by integrating family planning with HIV and comprehensive abortion care services," the group states on its website. EngenderHealth has been discovered promoting the use of manual vacuum aspiration (MVA), a common abortion method, as "post-abortion care" in Africa, including in Tanzania.

The group also touts the fact that its expansion to all 26 regions of the country "has also contributed to an increase in uptake of long-acting and reversible methods," especially Implanon. Long-Acting Reversible Contraceptives (LARCs) work both by preventing conception and by "alterations in the endometrium," which can cause an early abortion by preventing implantation.

Marie Stopes is known as a global abortion provider. MSI states that it only provides "post-abortion care" in Tanzania, where abortion is legal only to save the life of the mother.

But Marie Stopes officials have admitted that the group performs illegal abortions. 

"We do illegal abortions all over the world," Paul Cornellison, the director of Marie Stopes International in South Africa, said during a Marie Stopes International conference in 2007 in London - remarks that were caught on film. "There's various options, you know, once we open a center there...if we can just get our foot in the door." 

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In other nations, Bloomberg has supported advocates of unlimited, universal abortion-on-demand.

"Abortion services should be made free...for all women and girls"

Bloomberg Philanthropies underwrites political advocacy in African and Central American nations whose laws reflect the pro-life outlook of its citizens. The International Planned Parenthood Federation (IPPF) offers a glimpse into what international abortion lobbyists demand.

Between 2012 and 2014, IPPF wrote a 32-page case study on the Senegalese legal landscape, entitled Over-Protected and Under-Served. While numerous participants told researchers that abortion is "easy" to obtain and “lots of young people are having clandestine abortions,” IPPF focused on promoting "safe" abortion -- while making clear that such laws were only one components of its overall mission. 

"Advocacy efforts should focus on realizing the ultimate goal of unrestricted access to abortion services, and protection of this right under the law. Abortion services should be made free, safe, accessible and confidential for all women and girls," the report states.

The abortion industry signaled it rejects incremental aims to achieve the eventual recognition of abortion as a human right. "Anything other than full decriminalization will often lead to abortion remaining inaccessible to all but a very small number of women," the report says.

The task of pressuring government officials will fall to local activists in the nations targeted by Bloomberg because, in the words of Kelly Henning, the head of the public health program at Bloomberg Philanthropies, "We want this effort to be sustainable." 

If the effort fails, it will not be for lack of resources. In a separate component of its reproductive health plan, Bloomberg partnered with the Bill and Melinda Gates Foundation to enact Family Planning 2020's global reproductive and population goals.

Is Jeb "Ultimately Accountable"?

The association with Bloomberg conflicts with Jeb's record as a two-term pro-life governor of Florida who enacted parental consent laws, allowed the regulation of abortion facilities, did not allow state funds to be used for abortion counseling, and created the state's "Choose Life" license plate.

As one of more than a dozen directors - which include such distinguished names as former Sens. Sam Nunn and David Boren, currently Sen. Cory Booker, and former Bush-43 officials Elaine Chao and Hank Paulson - what responsibility does the former Florida governor bear?

The issue bubbled up in April, giving his yet-unannounced campaign an opportunity to respond.

“Governor Bush was honored to serve on the board of Bloomberg Philanthropies, which does a lot of good work across the world,” Bush spokeswoman Kristy Campbell told the Tampa Bay Times. "As a board member, Governor Bush did not vote on or approve individual projects or programs."

Although Bush and Bloomberg "disagree on several policy issues, both share a passion for improving education in America," she added - a reference to their mutual embrace of the Common Core curriculum and other policies.  

A spokeswoman for Bloomberg Philanthropies, Meghan Womack, confirmed to the newspaper that directors do not sign off on every project.

But to what extent was Bush active in the issue?

According to nonprofit norms, directors carry deep responsibility for the organizations they help lead. "Regardless of what board members are called, they are in essence the trustees in the literal and legal sense of the term," the National Center for Nonprofit Boards wrote on the responsibilities of board members. "No matter how the organization is structured or the degree of authority delegated to staff, committees, or affiliates, the board and therefore the individual trustees are ultimately accountable."

Bloomberg Philanthropies noted in a press release, "The directors will serve in an advisory and oversight capacity." Bush earned $37,100 in compensation for his nearly five years of service.

"Bush’s people are probably right that as a board member he did not vote on every project," Stephen Phelan, the director of mission communications at Human Life International, told LifeSiteNews. "But Bloomberg has been so open about his foundation’s goals for so long that it really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts."

Bloomberg clarified his goals while accepting his Planned Parenthood award last year. "You can't fight every battle," he said. "The things that are high on my priority list are sensible gun laws...I obviously care about a woman's right to choose...Nobody's a bigger supporter of gay rights." He added that "we need a good immigration bill" that provides amnesty for an estimated 11 million illegal immigrants, "so we can continue our economy."

Bloomberg has described abortion as a "fundamental human right, elevating it to a make-or-break position. "On this issue, you’re either with us or against us.” He once cited abortion among his reasons for endorsing Barack Obama in 2012. 

Despite their differences on abortion policy, the billionaire has had no reservations supporting Jeb Bush's candidacy - even before there was one.

Last spring, he called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run."

He also showered compliments upon Bush while introducing him to the New York State Republican Party convention in 2010. 

“I couldn’t agree more with this guy,” he said of Jeb. “If there’s anyone I would want on my side waging all those important battles and helping provide the government Americans deserve, it is our next speaker."

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Planned Parenthood says ‘extremists’ brought down website: critics say possible ‘PR stunt’

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By John Jalsevac

Updated 07/30/15 at 1:57 EST

July 30, 2015 (LifeSiteNews) - At the same time as a fourth video exposing Planned Parenthood's practice of harvesting and selling aborted baby body parts was released Thursday morning, visitors who attempted to access Planned Parenthood's website were greeted with a message saying, "Our site is not available due to an attack by extremists."

The page announcing the attack stated that "200,000 people a day are now being blocked from information and care by this attack," and directed visitors who wanted to find out more to Planned Parenthood Action Fund's Facebook page. 

At that Facebook page, the abortion giant states that the attack is a "new low" by anti-abortion extremists, and asks for donations to help them "fight back." 

However, some are raising questions about the purported attack, pointing out that a look under the hood shows that content from the site appears to be loading without a problem from Planned Parenthood's web server, while they have categorized the "site down" message as a "campaign."

At The Federalist, Sean Davis points out that the splash page also directs users to another page at ppaction.org where they can write their "story" about where they "stand" on Planned Parenthood, in the process of which Planned Parenthood collects their personal information.

"That’s right," says Davis. "Even though ppaction.org redirects to a page saying the site was hacked, the domain still house (sic) a perfectly functional URL and page that are being actively used to help build Planned Parenthood’s fundraising list."

Some hours after the original message was put up, Planned Parenthood changed the message to say simply that the website was "undergoing maintenance."

However, in comments to CNN Wednesday, Dawn Laguens, Planned Parenthood’s executive vice president, said that the website was originally brought down briefly on Wednesday by a distributed denial of service attack. “Although our websites were back online shortly after the attack, in order to ensure that we are fully protected, we’ve made the decision to take our website offline for a day,” she said, according to Jezebel.

The alleged attack comes days after Planned Parenthood had issued a statement claiming that "extremists" opposed to their agenda, "have called on the world’s most sophisticated hackers to assist them in breaching our systems and threatening the privacy and safety of our staff members."

At that time LifeSiteNews spoke with cybersecurity experts who said the attack appeared to be legitimate, but that it was not as sophisticated as Planned Parenthood claimed, given the outdated version of the abortion behemoth’s webserver.

The abortion giant has been reeling in recent weeks from a series of undercover videos, which appear to show high level Planned Parenthood staff negotiating to profit from the sale of body parts harvested from aborted babies. The videos have also shown the staff describing how they alter the abortion procedure to procure the best specimens possible.

No one has claimed responsibility for the attack. 

"Planned Parenthood says it’s been hacked by 'extremists,' but a review of the publicly available evidence suggests that the only things being hacked at Planned Parenthood right now are perfectly healthy and viable unborn babies," said Davis.

Developing...

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