Appeal court says doctors have to give referrals for services they oppose

Advertisement

Advertise with us

TORONTO - Ontario's highest court ruled Wednesday that doctors in the province must give referrals for medical services that clash with their religious beliefs, calling it a compromise that balances the rights of physicians and the interests of patients.

Read this article for free:


By clicking the button above, an account will be created and you will begin to receive some of our recommended newsletters. You may opt out of any newsletter by visiting your Email and Communication Preferences page or by clicking "unsubscribe" at the bottom of any email.

or

Already have an account? Log in here »

To continue reading, please subscribe:

Digital Subscription

One year of digital access for only $1.44 a week*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*Billed as $5.77 plus GST every four weeks. After 52 weeks, price increases to the regular rate of $19.95 plus GST every four weeks. Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

Hey there, time traveller!
This article was published 15/05/2019 (2725 days ago), so information in it may no longer be current.

TORONTO – Ontario’s highest court ruled Wednesday that doctors in the province must give referrals for medical services that clash with their religious beliefs, calling it a compromise that balances the rights of physicians and the interests of patients.

In a unanimous ruling, a three-judge panel dismissed an appeal seeking to overturn a divisional court decision that upheld the requirement for an “effective referral,” an effort to connect patients with another, willing health-care provider.

The requirement is part of a set of policies issued in 2016 by the College of Physicians and Surgeons of Ontario to address issues surrounding, among other things, assisted dying, contraception and abortion.

A doctor checks a patient with a stethoscope in Stuttgart, Germany, Monday, April 28, 2008. Ontario's highest court is expected to rule today on whether doctors in the province are obligated to give referrals for medical services that clash with their moral or religious beliefs.THE CANADIAN PRESS/AP/Thomas Kienzle
A doctor checks a patient with a stethoscope in Stuttgart, Germany, Monday, April 28, 2008. Ontario's highest court is expected to rule today on whether doctors in the province are obligated to give referrals for medical services that clash with their moral or religious beliefs.THE CANADIAN PRESS/AP/Thomas Kienzle

“The issues raised in this proceeding present difficult choices for religious physicians who object to the policies, but they do have choices,” the appeal court wrote.

“While the solution is not a perfect one for some physicians, such as the individual appellants, it is not a perfect one for their patients either. They will lose the personal support of their physicians at a time when they are most vulnerable.”

The policies “represent a compromise,” the court wrote.

“They strike a reasonable balance between patients’ interests and physicians’ Charter-protected religious freedom. They are reasonable limits prescribed by law that are demonstrably justified in a free and democratic society.”

The college, which regulates doctors in Ontario, called the ruling a victory for patients.

“The court has recognized the importance of ensuring patients get access to the care they need,” said Dr. Nancy Whitmore, its registrar and CEO. “Our effective referral policy ensures equitable access to health care, particularly on the part of the more vulnerable members of our society while respecting the rights of all of those involved.”

Those behind the appeal expressed their disappointment at the outcome of the case, saying the decision will put some physicians in an impossible position.

“Ultimately it is patient care that suffers, as our doctors will retire early, relocate, or change fields,” said Dr. Ryan Wilson, president of Canadian Physicians for Life, one of three professional organizations involved in the appeal, along with five individual doctors.

“For many, their religious and conscience rights are being violated and they won’t be able to practise medicine in Ontario.”

The appeal challenged a ruling last year by the divisional court, which found that while the referral requirement does infringe on doctors’ religious freedom, the benefits to the public outweigh the cost to physicians.

The lower court noted an effective referral is not as involved as a formal one, in which a doctor is required to provide a letter and arrange an appointment with another physician. It said doctors can ask staff to handle the effective referral, or choose to specialize in a type of medicine where these issues are less frequent.

In the appeal, the group of doctors argued the ruling was unreasonable because it gave more weight to an assumed problem with access to health care than to a real infringement of doctors’ rights.

The group — which includes the Christian Medical and Dental Society of Canada, the Canadian Federation of Catholic Physicians’ Societies and Canadian Physicians for Life — said there is no evidence that patients would be harmed by not receiving a referral.

It also alleged the court erred in saying doctors could pick specialties where fewer moral conflicts arise, arguing that presumes physicians can easily switch jobs.

The group also introduced new evidence in the appeal, arguing Ontario’s Care Co-ordination Service meant to help navigate the assisted dying process was now accessible to the public rather than only physicians and could thus replace an effective referral.

The appeal court agreed with the divisional court that “as a matter of logic and common sense” the requirement for an effective referral promotes equitable access to care, particularly for vulnerable patients.

It also found that the self-referral method proposed by the doctors’ group would not meet the needs of patients seeking “the most intimate and urgent medical advice and care.”

“It is impossible to conceive of more private, emotional or challenging issues for any patient,” the appeal court wrote. “Given the importance of family physicians as ‘gatekeepers’ and ‘patient navigators’ in the health-care system, there is compelling evidence that patients will suffer harm in the absence of an effective referral.”

While the doctors’ group argued the requirement will force physicians to leave the province or cease practising medicine, which would harm the public, the appeal court noted no evidence to that effect was presented.

Changing the scope of their practice may require sacrifices from physicians, the appeal court found. However, “the appellants have no common law, proprietary or constitutional right to practise medicine,” it said.

The college had brought new evidence on appeal suggesting doctors could change or narrow the scope of their practice without resorting to retraining. Its expert witness said some areas of medicine are unlikely to encounter requests for assisted death or reproductive health issues, including hair restoration, sport and exercise medicine, hernia repair and aviation examinations.

Report Error Submit a Tip

More Stories

Kinew will listen to city request for new taxes — but no promises

Nicole Buffie 5 minute read Preview

Kinew will listen to city request for new taxes — but no promises

Nicole Buffie 5 minute read Friday, Nov. 1, 2024

Premier Wab Kinew remained coy about whether he would support a new municipal tax in Winnipeg as the city struggles to maintain services.

Kinew dodged questions on the matter Friday afternoon.

“We want to see services strong, we want to see roads getting fixed,” Kinew said. “Affordability is really top of mind … we got to keep life affordable for the average person out there.”

Some of the items being considered for a new tax are: alcohol, online deliveries, vehicle registration, vacant homes, commercial parking and land transfers with an exemption for first-time homebuyers.

Read
Friday, Nov. 1, 2024

Health officials ponder next steps as COVID cases surge in Southern Health region

Katie May 5 minute read Preview

Health officials ponder next steps as COVID cases surge in Southern Health region

Katie May 5 minute read Wednesday, Nov. 3, 2021

Public-health officials say they're trying to avoid ordering another lockdown in southern Manitoba, where COVID-19 infection rates are surging.

Deputy chief provincial public health officer Dr. Jazz Atwal told a news conference Wednesday he doesn't anticipate more lockdowns and suggested he will prioritize keeping schools open when considering future restrictions.

But he couldn't say what the next step will be in an area of the province where hospitalizations among unvaccinated residents are on the rise.

Average daily case counts in the southern part of the province are higher now than they were before lockdown measures went into effect last November, and officials are still figuring out what to do.

Read
Wednesday, Nov. 3, 2021

Waiting for Cormier verdict the ‘calm before the storm’

Katie May 6 minute read Preview

Waiting for Cormier verdict the ‘calm before the storm’

Katie May 6 minute read Thursday, Feb. 22, 2018

As the jury room door closed behind the seven women and four men who are now deliberating on the evidence against Tina Fontaine’s accused killer, Thelma Favel rose from the chair she’s occupied for most of Raymond Cormier’s second-degree murder trial.

Almost every day over the past three weeks, Favel, the woman who raised 15-year-old Tina, has sat right up front, directly across from the jury box, listening, sobbing and soaking in disturbing details of the teen’s last days that have come to light over the course of Cormier’s second-degree murder trial.

On Wednesday afternoon, after Court of Queen’s Bench Chief Justice Glenn Joyal instructed the jury and sent them off to be sequestered until they decide whether 56-year-old Raymond Cormier is guilty of killing Tina, Favel got up and hugged Crown prosecutor Breta Passler. It was one of many moments, this one shielded from jurors, that have long since proven the emotional impact of the case and the lasting power of Tina’s legacy.

Tina’s death sparked a public outcry that renewed calls for a national inquiry into disproportionately high rates of missing and murdered Indigenous women and girls across Canada, and the criminal trial for the man accused of killing her hasn’t happened in a vacuum.

Read
Thursday, Feb. 22, 2018

Westman to lose sole medical oncologist

Rylee Gerrard 5 minute read Preview

Westman to lose sole medical oncologist

Rylee Gerrard 5 minute read Updated: 9:26 AM CDT

BRANDON — Western Manitoba is about to lose its only medical oncologist, leaving just 22 in the province — all of whom are in Winnipeg.

Brandon West MLA Wayne Balcaen raised the issue during question period Thursday, saying the departure of Dr. Brady Anderson will be a “major loss” for the region.

After four years working out of the Western Manitoba Cancer Centre in Brandon, Anderson’s last day will be Nov. 13.

“He literally sees hundreds of patients within the Westman area, and now those individuals will have to travel to Winnipeg to get that personal service,” Balcaen said, calling Anderson’s impending departure “catastrophic.”

Read
Updated: 9:26 AM CDT

Opera singer David Daniels no longer in singers’ union following sexual assault guilty plea

The Associated Press 2 minute read Preview

Opera singer David Daniels no longer in singers’ union following sexual assault guilty plea

The Associated Press 2 minute read Thursday, Dec. 21, 2023

NEW YORK (AP) — Countertenor David Daniels is no longer a member of the union for singers following his guilty plea to a charge of sexual assault.

The 57-year-old and his husband, Scott Walters, pleaded guilty to sexual assault of an adult, a second-degree felony, in Houston's Harris County District Court on Aug. 4. Their accuser was aspiring opera singer Sam Schultz.

They both were sentenced to eight years’ probation and required to register as sex offenders.

American Guild of Musical Artists spokesperson Alicia Cook said Wednesday that Daniels is no longer a member of the union.

Read
Thursday, Dec. 21, 2023

Trump touts USMCA win in state of the union

James McCarten, The Canadian Press 6 minute read Preview

Trump touts USMCA win in state of the union

James McCarten, The Canadian Press 6 minute read Tuesday, Feb. 4, 2020

WASHINGTON - President Donald Trump declared his scorched-earth political style an unmitigated success Tuesday in a fiercely partisan, made-for-TV state of the union speech that made it clear he expects to be back in the White House next year on the strength of the U.S. economy and his trade deals with Canada, Mexico and China.

Trump, addressing a joint session of Congress in the very chamber where House Democrats voted to impeach him less than two months ago, became only the second president in American history — Bill Clinton was the first — to deliver a state of the union while standing trial in the Senate.

Unrepentant, he pointedly refused to shake the offered hand of House Speaker Nancy Pelosi on the dais before singing the praises of what he billed as "the great American comeback," pointing to strong job growth, a soaring stock market and low unemployment as evidence of his leadership. And when he was done, Pelosi ripped up the speech in full view of the television cameras.

"America's enemies are on the run, America's fortunes are on the rise, and America's future is blazing bright. The years of economic decay are over," Trump declared, taking full credit for the country's "roaring economy," including what he billed as seven million new jobs and the lowest jobless rate in half a century — a "blue-collar boom" that he's counting on to help his re-election chances in November.

Read
Tuesday, Feb. 4, 2020