Thaddeus Baklinski

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

Thaddeus Baklinski
Thaddeus Baklinski
Image

OTTAWA, December 11, 2012 (LifeSiteNews.com) - 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.

Click “like” if you are PRO-LIFE!

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.”

Truth. Delivered daily.

Get FREE pro-life, pro-family news delivered straight to your inbox. 

Select Your Edition:


Share this article

Advertisement
Featured Image
Cardinal Raymond Burke, prefect of the Apostolic Signatura, speaks to Thomas McKenna of Catholic Action Insight. Catholic Action Insight
Hilary White Hilary White Follow Hilary

Catholics shouldn’t sue one another: Cardinal Burke comments on Fr. Rosica’s lawsuit against blogger

Hilary White Hilary White Follow Hilary
By Hilary White

ROME, March 2, 2015 (LifeSiteNews.com) – Citing Scripture, Cardinal Raymond Burke told an interviewer this week that Catholics should not sue each other: “Our Lord in the Gospel and St. Paul in his First Letter to the Corinthians instruct us not to take our disputes to the civil forum, that we should be able, as Catholics, to resolve these matters among ourselves.”

The cardinal’s comments to the Traditionalist Catholic website Rorate Caeli follow an uproar in the Catholic media world last week when it was revealed that Vatican spokesman Father Thomas Rosica has threatened to sue a Canadian blogger for defamation in the civil courts.

Cardinal Burke, who served under Pope Benedict XVI and Pope Francis as the head of the Vatican’s highest court, is a noted expert on canon law. He told Rorate Caeli, “Unless the blogger has committed a calumny on someone's good name unjustly, I certainly don't think that that's the way we as Catholics should deal with these matters.”

“I think contact should be made. I presume that the Catholic blogger is in good faith, and if there’s someone in the hierarchy who is upset with him, the way to deal with it would be first to approach the person directly and try to resolve the matter in that way,” Burke added.

Fr. Rosica, a Canadian Basilian, is the English language press officer for the Vatican and founder of the Toronto-based Salt and Light Television network.

He sent the legal letter to David Domet, a Toronto music composer and part-time Catholic blogger who has long criticized what he says are Fr. Rosica’s departures from Catholic orthodoxy. The priest’s lawyer told Domet to remove nine separate items from his blog and apologize, but added that this would not necessarily remove the threat of the civil action.

The conflict was covered in a feature by Michael Voris’ Church Militant TV, and the internet’s Catholic blogger world exploded with indignation. So furious was the backlash that it got coverage by the US conservative news site, Breitbart. This followed dozens of blog posts, nearly unanimously calling the threatened legal action of a well-placed priest against a lay pensioner a “PR disaster” for Rosica. 

The uproar has launched Domet’s small blog, Vox Cantoris, into the international limelight, and has earned Fr. Rosica an avalanche of criticism. “Though Rosica publicly defends the right to freedom of speech and press, he is attempting to silence the blogger who has criticized him,” Austin Ruse, president of the Catholic Family and Human Rights Institute, wrote for Breitbart.

Among Domet’s criticisms of Fr. Rosica is his apparent support for the proposal by Cardinal Walter Kasper to allow divorced and civilly remarried Catholics, and others in “irregular” sexual unions, to receive Holy Communion.

Fr. Rosica has also recently come under fire for comments he made a year ago, in a lecture in Windsor, Ontario, in which he argued that Catholic doctrine could change. (See video below. Quotes can be found at 48:12.)

“Will this Pope re-write controversial Church doctrines?” Fr. Rosica said in the lecture, which was posted to Youtube. “No. But that isn't how doctrine changes. Doctrine changes when pastoral contexts shift and new insights emerge such that particularly doctrinal formulations no longer mediate the saving message of God's transforming love.”

Fr. Rosica continued: “Doctrine changes when the Church has leaders and teachers who are not afraid to take note of new contexts and emerging insights. It changes when the Church has pastors who do what Francis has been insisting: leave the securities of your chanceries, of your rectories, of your safe places, of your episcopal residences go set aside the small-minded rules that often keep you locked up and shielded from the world.”

In the Rorate Caeli interview, Cardinal Burke refuted the idea that the Church can change its “pastoral practice” without changing doctrine.

“I think it’s very important to address a false dichotomy that's been drawn by some who say, ‘Oh no, we’re just changing disciplines. We’re not touching the Church's doctrine.’ But if you change the Church’s discipline with regard to access to Holy Communion by those who are living in adultery, then surely you are changing the Church's doctrine on adultery.”

“You’re saying that, in some circumstances, adultery is permissible and even good, if people can live in adultery and still receive the sacraments. That is a very serious matter, and Catholics have to insist that the Church’s discipline not be changed in some way which would, in fact, weaken our teaching on one of the most fundamental truths, the truth about marriage and the family,” Cardinal Burke said.

Fr. Rosica recently criticized Cardinal Burke on his Twitter account by posting an article by Washington, DC’s Cardinal Donald Wuerl on “dissent” in the hierarchy, saying, “Cardinal Wuerl’s response to Burke (and dissenters).”

The priest has also had a confrontational relationship with the pro-life movement for years.

In 1996, Fr. Rosica called the police on pro-life advocates who were leafletting in protest at a lecture by famous dissident Gregory Baum at the University of Toronto’s Newman Centre.

In 2009, Fr. Rosica wrote against objections to the lavish Catholic funeral for US Senator Ted Kennedy’s in Boston. He excoriated the pro-life movement for what he called their lack of “civility.”

“Civility, charity, mercy and politeness seem to have dropped out of the pro-life lexicon,” Fr. Rosica wrote. “To recognize and bring out the sin in others means also recognizing one’s self as a sinner and in need of God’s boundless mercy.

“Let us pray that we will become more and more a people, a church and a community overflowing with mercy.”

Share this article

Advertisement
Featured Image
Greg Rohrbough, J.D.

Duck Commander Phil Robertson’s CPAC speech was viral in so many ways

Greg Rohrbough, J.D.
By

Last week, the winner of the 2015 Citizens United/CPAC Andrew Breitbart Defender of the First Amendment Award was “Duck Commander” Phil Robertson, paterfamilias of the Duck Dynasty Robertson family. In doing so, they were giving Phil the CPAC stage for a speech, knowing that he would speak his unvarnished thoughts. One doubts they expected his topic.

After bringing out his heavily-duct-taped Bible and telling politicians to keep theirs with them, Phil went on the offensive – against sexually transmitted diseases (STDs). He quoted the federal Centers for Disease Control, which estimates that more than 100 million Americans now have a sexually transmitted infection.

“I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early,” Robertson said.

Phil’s solution? One older than Christianity, as old as common sense itself. “If you’re disease-free, if she’s disease-free, you marry. You keep your sex right there. You won’t get sick from a sexually-transmitted disease!”

Logic and mathematics would seem to agree. According to Robertson, his goal was to show love to the listeners. But several left-wing websites didn’t see it that way.

“He certainly used his speech to hate very well. I guess that's the criteria. Who can say the sickest, most vile things about center-left Americans wins!” according to John Amato of Crooks & Liars.

The Huffington Post took offense at his attributing the rise in STDs to the beatniks and hippies.

To their credit, MSNBC acknowledged Phil’s numbers, saying, “For the record, Robertson’s [sic] has his numbers correct. A CDC report from February of 2013 estimated more than 110 [million] cases of sexually transmitted infections in America with about 20 billion [sic, MSNBC’s number] new infections each year at a cost of ‘nearly $16 billion in direct medical costs.’”

The network site then blasted him for comparing ISIS to the Nazis, Communists, and Imperial Japanese.

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

Robertson clearly didn’t care what MSNBC thought, though. “You want a Godly, Biblical, medically safe option? One man, one woman, married, for life,” he said.

“What do you call the 110 million people who have sexually transmitted illnesses?” he continued. “It’s the revenge of the hippies! Sex, drugs, and rock ‘n’ roll have come back to haunt us in a bad way!”

But the big question is – is Phil right or wrong? According to the CDC’s website, “Almost every sexually active person will acquire HPV [Human Papillomavirus] at some point in their lives.”

“Sexually active” would seem to indicate activity with new or multiple partners, rather than this Duck Doctor Phil’s Prescription.

But still – “Almost every…person.” That’s quite a few – the website also says, “about 79 million Americans are currently infected with HPV. About 14 million people become newly infected each year.” While it is the most prevalent venereal disease, HPV is only one of many.

Generally, HPV’s symptoms are more a painful nuisance than life-threatening – genital warts, often only appearing years after the initial infection. But there are also life-threatening illnesses such as cervical cancer, which HPV causes.

Much more frightening, however, is the specter of HIV/AIDS. According to the CDC, there are about 1.2 million people currently living with HIV, and as many as 50,000 new cases a year, with 63 to 66 percent of those being “MSM,” or “Men who have Sex with Men.” Sadly, the lion’s share of new HIV infections is found in the 13-24 age group; despite being 16 percent of the nation’s population, they account for 26 percent of all new infections, with 72 percent of those being young MSM. While HIV is treatable, there is still no cure.

Although HIV, as well as the current increase in syphilis and hepatitis, are primarily targeting homosexual males, heterosexuals with multiple partners are by no means off the hook. As well as HPV, herpes, drug-resistant gonorrhea and chlamydia are on the rise, as well. The year 2013 saw 1.4 million cases of chlamydia and 820,000 new cases of gonorrhea, and the CDC estimates that one person in every six in the U.S. between the ages of 14 and 49 has herpes.

Criticize Phil all you like, folks – he doesn’t mind. He’s only saying this because he cares.

Listen to him again: “I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early.”

“And if you hate me because I told you that,” he said, “I told you, my love for you is not contingent on how you feel about me. I love you anyway. I don’t want you to see you die early or get sick. I’m trying to help you, for cryin’ out loud! America, if I didn’t care about you, why would I bring this up?”

From this CPAC attendee’s perspective, Phil’s speech was not only important from a physical health perspective, it also, along with that duct-taped Bible of his, reminds us of the words of Charles Spurgeon: “A Bible that’s falling apart usually belongs to someone who isn’t.”

Greg Rohrbough, J.D., has been director of government relations for the Meredith Advocacy Group since 2006.

Advertisement
Featured Image
CBC video screenshot
Steve Weatherbe

Former abortionist who failed to kill unborn baby hit with $1 million lawsuit: baby was born with hole in heart

Steve Weatherbe
By

OTTAWA, March 2, 2015 (LifeSiteNews.com) – An Ontario mother of a baby born by mistake is suing the former doctor who botched her abortion for $1 million for his “gross negligence” and “medical malpractice.”

Tania Brown already had four children when she went to Dr. Michel Prevost in Almonte, Ontario in early 2011 for a medical (or pharmaceutical) abortion to prevent a fifth, which her doctor had advised might have birth defects. Several months later she suspected Prevost’s one-two punch of methotrexate (a poison to kill the baby) and misoprostol (to expel the corpse a week later) had not worked. An ultrasound confirmed a beating heart.

Too late for an abortion now, she gave birth, in May, to a baby with “a smaller brain; he had a hole in his heart; he had something wrong with his palate.” She gave him up for adoption.

Click "like" if you are PRO-LIFE!

Dr. Prevost relinquished his medical licence earlier this month with the certainty that if he didn’t, the Ontario College of Physicians and Surgeons would expel him after an investigation found him “incompetent in his practice of obstetrics and gynecology.”  They looked into 28 abortion cases, two so badly “botched” that the babies survived.

Small wonder the whole business sent Brown into a “debilitating depression,” but her lawyer Ralph Lee told the CBC the case “brings up larger issues…the issue of a woman’s access to abortion.”

Basically, Prevost couldn’t get the dosages right. Methotrexate, MedicineNet.com warns, “has infrequently caused serious (sometimes fatal) side effects.” These include severe azotemia (too much blood urea nitrogen), severe blood infection, stomach and intestinal bleeding, and perforation.

Advertisement

Customize your experience.

Login with Facebook