Thaddeus Baklinski

Supreme Court of Canada begins hearings in end-of-life case

Thaddeus Baklinski
Thaddeus Baklinski

OTTAWA, December 11, 2012 ( - Seven justices of the Supreme Court of Canada began hearings Monday in a case that could have profound implications for end-of-life decision-making in Canada.

The so-called Rasouli case will determine whether doctors are required to obtain the consent of the patient, the patient’s guardian, or the Consent and Capacity board before withdrawing life support. This decision will apply to all life-sustaining interventions, including the withdrawal of ventilation, hydration and nutrition.

“This is a precedent-setting case of national importance in Canada that will decide who has the right to decide to withdraw medical treatment,” said Alex Schadenberg of the Euthanasia Prevention Coalition.

“It is important to note that this case is not related to end-of-life treatment decisions, but rather life-sustaining treatment decisions. Some people are dependent on medical treatment, but not otherwise dying.”

The EPC is an intervener in the Supreme Court of Canada hearings.

The case concerns Hassan Rasouli who, in October 2010, had minor surgery at the Sunnybrook Health Sciences Centre in Toronto to remove a benign tumor in his head. Following the procedure, Mr. Rasouli developed bacterial meningitis and ventriculitis. The infection caused a severe and widespread brain injury as well as damage to the brainstem and the spinal cord. He has been in coma since October 16, 2010 and is on a ventilator and being fed through a tube inserted in his stomach.

Rasouli’s doctors, Dr. Brian Cuthbertson and Dr. Gordon Rubenfeld, decided that he was in a Persistent Vegetative State (PVS) and concluded that he had no hope of recovery. They therefore decided to withdraw all treatments, including ventilation.

However, Rasouli’s family, including his wife Parichehr Salasel, who was a doctor in Iran and who is his substitute decision-maker, disagreed with the diagnosis and sought an injunction to prevent the doctors and the hospital from withdrawing life-sustaining treatment.

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Ms. Salasel said she believes that her husband is not PVS. She stated that he is moving and he has some awareness of his surroundings. She said she will not provide consent to withdraw the ventilator from her husband because the action is not consistent with their religious views. As a Shia Muslim, she stated that life must be respected and upheld until all signs of life are gone.

The Ontario courts that originally heard the case ruled that doctors must obtain consent, either from the patient or his substitute decision makers, prior to withdrawing medical treatment. If consent is not obtained, the courts concluded that the doctors should have brought the case to the Consent and Capacity Board for a decision.

The doctors subsequently appealed to the Supreme Court, arguing that doctors should have the unilateral right to decide when medical treatment can be withdrawn.

The Evangelical Fellowship of Canada, also an intervener in the case, argues that a patient’s wishes and religious beliefs must be considered in decisions on withdrawal of treatment.

“This decision will impact not only how we treat seriously ill Canadians, but also whether we as a society value their wishes and their sincerely held religious beliefs,” said EFC Vice-President and General Legal Counsel Don Hutchinson.

“Patient wishes must be considered in regard to their medical care,” added Hutchinson. “In this case, Mr. Rasouli and his family also hold religious beliefs about life. The family wants Mr. Rasouli’s beliefs considered and are satisfied that the matter be heard by the Consent and Capacity Board.”

EFC Legal Counsel Faye Sonier pointed out that doctors have the faculty to provide a medical opinion but do not have the prerogative to make treatment withdrawal decisions based on medical diagnosis alone.

“The right of the patient to decide to accept or reject medical treatment [is] based on a decision made from the perspective of his worldview or framework of reference about life,” Sonier said.

“Physicians are not equipped to consider non-medical factors such as sincerely held religious beliefs and philosophical values of patients. When disagreement arises, the Consent and Capacity Board is the legislated venue to consider these factors and make these decisions.”

Alex Schadenberg said that giving doctors control over withdrawal of treatment decisions would not be in the best interest of patients.

“This is not simply a scientific decision,” Schadenberg said, “it deals with people’s values and beliefs. Moreover, doctors have their own biases which would influence their judgement, and sometimes, doctors make mistakes - they are simply wrong. So this unilateral power given to doctors would not be protecting vulnerable people.”

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Today’s chuckle: Rubio, Fiorina and Carson pardon a Thanksgiving turkey

Steve Jalsevac Steve Jalsevac Follow Steve
By Steve Jalsevac

A little bit of humour now and then is a good thing.

Happy Thanksgiving to all our American readers.

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Building of the European Court of Human Rights.
Lianne Laurence


BREAKING: Europe’s top human rights court slaps down German ban on pro-life leafletting

Lianne Laurence
By Lianne Laurence

STRASBOURG, France, November 26, 2015 (LifeSiteNews) – The European Court of Human Rights ruled Thursday that a German regional court violated a pro-life activist’s freedom of expression when it barred him from leafleting in front of an abortion center.

It further ruled the German court’s order that Klaus Gunter Annen not list the names of two abortion doctors on his website likewise violated the 64-year-old pro-life advocate’s right to freedom of expression.

The court’s November 26 decision is “a real moral victory,” says Gregor Puppinck, director of the Strasbourg-based European Center for Law and Justice, which intervened in Annen’s case. “It really upholds the freedom of speech for pro-life activists in Europe.”

Annen, a father of two from Weinam, a mid-sized city in the Rhine-Neckar triangle, has appealed to the Strasbourg-based European Court of Human Rights at least two times before, Puppinck told LifeSiteNews.

“This is the first time he made it,” he said, noting that this time around, Annen had support from the ECLJ and Alliance Defense Fund and the German Pro-life Federation (BVL). “I think he got more support, better arguments and so I think this helped.”

The court also ordered the German government to pay Annen costs of 13,696.87 EUR, or 14,530 USD.

Annen started distributing pamphlets outside a German abortion center ten years ago, ECLJ stated in a press release.

His leaflets contained the names and addresses of the two abortionists at the center, declared they were doing “unlawful abortions,” and stated in smaller print that, “the abortions were allowed by the German legislators and were not subject to criminal liability.”

Annen’s leaflets also stated that, “The murder of human beings in Auschwitz was unlawful, but the morally degraded NS State allowed the murder of innocent people and did not make it subject to criminal liability.” They referred to Annen’s website,, which listed a number of abortionists, including the two at the site he was leafleting.

In 2007, a German regional court barred Annen from pamphleteering in the vicinity of the abortion center, and ordered him to drop the name of the two abortion doctors from his website.

But the European Court of Human Rights ruled Thursday that the German courts had "failed to strike a fair balance between [Annen’s] right to freedom of expression and the doctor’s personality rights.”

The Court stated that, “there can be no doubt as to the acute sensitivity of the moral and ethical issues raised by the question of abortion or as to the importance of the public interest at stake.”

That means, stated ECLJ, that “freedom of expression in regard to abortion shall enjoy a full protection.”

ECLJ stated that the court noted Annen’s leaflets “made clear that the abortions performed in the clinic were not subject to criminal liability. Therefore, the statement that ‘unlawful abortions’ were being performed in the clinic was correct from a legal point of view.”

As for the Holocaust reference, the court stated that, “the applicant did not – at least not explicitly – equate abortion with the Holocaust.”  Rather, the reference was “a way of creating awareness of the more general fact that law might diverge from morality.”

The November 26 decision “is a quite good level of protection of freedom of speech for pro-life people,” observed Puppinck.

First, the European Court of Human Rights has permitted leafleting “in the direct proximate vicinity of the clinic, so there is no issue of zoning,” he told LifeSiteNews. “And second, the leaflets were mentioning the names of the doctors, and moreover, were mentioning the issue of the Holocaust, which made them quite strong leaflets.”

“And the court protected that.”

Annen has persevered in his pro-life awareness campaign through the years despite the restraints on his freedom.

“He did continue, and he did adapt,” Puppinck told LifeSiteNews. “He kept his freedom of speech as much as he could, but he continued to be sanctioned by the German authorities, and each time he went to the court of human rights. And this time, he won.”

ECLJ’s statement notes that “any party” has three months to appeal the November 26 decision.

However, as it stands, the European Court of Human Rights’s ruling affects “all the national courts,” noted Puppinck, and these will now “have to protect freedom of speech, recognize the freedom of speech for pro-lifers.”

“In the past, the courts have not always been very supportive of the freedom of speech of pro-life,” he said, so the ruling is “significant.”

As for Annen’s pro-life ministry, Pubbinck added: “He can continue to go and do, and I’m sure that he does, because he always did.”  

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A vibrant church in Africa. Pierre-Yves Babelon /
Pete Baklinski Pete Baklinski Follow Pete

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‘Soft racism’: German Bishops’ website attributes African Catholics’ strong faith to simplemindedness

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By Pete Baklinski

GERMANY, November 26, 2015 (LifeSiteNews) --  The only reason the Catholic Church is growing in Africa is because the people have a “rather low level” of education and accept “simple answers to difficult questions” involving marriage and sexuality, posited an article on the official website of the German Bishops' Conference posted yesterday. The article targeted particularly Cardinal Robert Sarah of Guinea, the Vatican's prefect of the Congregation for Divine Worship and ardent defender of Catholic tradition.

First Things blogger Leroy Huizenga, who translated a portion of the article, criticized the article's view as “soft racism.”

In his article, titled “The Romantic, Poor Church,” editor Björn Odendahl writes: 

So also in Africa. Of course the Church is growing there. It grows because the people are socially dependent and often have nothing else but their faith. It grows because the educational situation there is on average at a rather low level and the people accept simple answers to difficult questions (of faith) [sic]. Answers like those that Cardinal Sarah of Guinea provides. And even the growing number of priests is a result not only of missionary power but also a result of the fact that the priesthood is one of the few possibilities for social security on the dark continent.

Huizenga said that such an article has no place on a bishops’ conference website. 

“We all know that the German Bishops' Conference is one of the most progressive in the world. But it nevertheless beggars belief that such a statement would appear on the Conference's official website, with its lazy slander of African Christians and priests as poor and uneducated (Odendahl might as well have added ‘easy to command’) and its gratuitous swipe at Cardinal Sarah,” he wrote. 

“Natürlich progressives could never be guilty of such a sin and crime, but these words sure do suggest soft racism, the racism of elite white Western paternalism,” he added. 

African prelates have gained a solid reputation for being strong defenders of Catholic sexual morality because of their unwavering orthodox input into the recently concluded Synod on the Family in Rome. 

At one point during the Synod, Cardinal Robert Sarah urged Catholic leaders to recognize as the greatest modern enemies of the family what he called the twin “demonic” “apocalyptic beasts” of “the idolatry of Western freedom” and “Islamic fundamentalism.”

STORY: Cardinal Danneels warns African bishops to avoid ‘triumphalism’

“What Nazi-Fascism and Communism were in the 20th century, Western homosexual and abortion ideologies and Islamic fanaticism are today,” he said during his speech at the Synod last month. 

But African prelates’ adherence to orthodoxy has earned them enemies, especially from the camp of Western prelates bent on forming the Catholic Church in their own image and likeness, not according to Scripture, tradition, and the teaching magisterium of the Church. 

During last year’s Synod, German Cardinal Walter Kasper went as far as stating that the voice of African Catholics in the area of Church teaching on homosexuality should simply be dismissed.

African cardinals “should not tell us too much what we have to do,” he said in an October 2014 interview with ZENIT, adding that African countries are "very different, especially about gays.” 

Earlier this month Belgian Cardinal Godfried Danneels, instead of praising Africa for its vibrant and flourishing Catholicism, said that African prelates will one day have to look to Europe to get what he called “useful tips” on how to deal with “secularization” and “individualism.” 

The statement was criticized by one pro-family advocate as “patronizing of the worst kind” in light of the facts that numerous European churches are practically empty, vocations to the priesthood and religious life are stagnant, and the Catholic faith in Europe, especially in Belgium, is overall in decline.

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