Bill C-7 requires a fresh analysis
of regulator’s MAID policies:
Submissions of the Christian Legal Fellowship
re: The College of Physicians and Surgeons of Ontario’s (CPSO) policies concerning Medical Assistance in Dying and Professional Obligations and Human Rights
On Friday, May 14, CLF made written submissions to the College of Physicians and Surgeons of Ontario (CPSO) concerning its medical assistance in dying (MAID) and human rights policies, as part of a CPSO consultation. Among other concerns, CLF urged the CPSO to remove its “effective referral” requirements for MAID, especially in light of Bill C-7's expansion of MAID for many more patients, including those who are not dying. CLF explained that the policies fail to accommodate the conscientious objections of physicians, exposes them to immense moral distress, and undermines the quality of healthcare in Ontario by decreasing diversity and representativeness. CLF also emphasized the need for the CPSO to support patients with disabilities, who already face the challenges of ableism in healthcare and have decried the expanded MAID regime, and who seek care from physicians who exceptionlessly oppose death as a “solution” for disability-related suffering.
“ Forcing physicians to aid in the termination of patients who are not only not dying, but whose condition may also be treatable through alternate means, fundamentally changes [the Ontario courts’] calculus and requires a fresh Charter analysis. Especially in light of these statutory changes, CLF urges the CPSO to reconsider the detrimental effects its current policies may have on the profession and the public generally. The demonstrable cost of continuing the mandatory effective referral policy for MAID far outweighs any speculative benefits that could be achieved for healthcare in Ontario.”