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 (2727 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

Has the political wind changed?

Gwynne Dyer 5 minute read Yesterday at 2:01 AM CDT

It has been quite a week. First we had “Lula” – Luiz Inácio da Silva (as nobody but his mother ever called him) – defying everybody’s expectations. After winding up two million votes behind his challenger, Flávio Bolsonaro, in the first round of the Brazilian presidential election, he made a “miraculous” comeback in the second.

It was like a man going into a revolving door behind you and coming out in front. At the end of the first round, Lula was two million votes behind; at the end of the second round on Oct. 25 he was four million votes ahead. So how did he win a fourth term without cheating?

That’s what Bolsonaro claims he did, having fled to the United States; Trump, Flávio’s mentor, hints at the same. But Lula’s victory was not miraculous. He only learned to read when he was 10, and at 80 he still refused to have a mobile phone. His team finally made him get one and use it.

He wouldn’t do social media videos, so they created a WhatsApp channel called Lula’s Army, and made him appear on it at least daily. The channel went from zero to 10.8 million viewers in two weeks, and Lula won.

RRC Polytech program cuts take bite out of hospitality, tourism sector

Maggie Macintosh 4 minute read Preview

RRC Polytech program cuts take bite out of hospitality, tourism sector

Maggie Macintosh 4 minute read Saturday, May. 2, 2026

Manitoba’s tourism industry is bracing for the disappearance of hospitality training programs — once-popular courses among international students.

Citing budgetary challenges related to a shift in federal immigration policy, Red River College Polytechnic is scrapping 11 programs and scaling back three others in 2026-27. Its hospitality business management diploma is one of seven permanent casualties.

The announcement, while unsurprising, is but the latest blow to a sector trying to “build back the workforce” in the wake of the COVID-19 pandemic, said Michael Juce, president of the Manitoba Hotel Association.

“Are people going to go outside of Manitoba for training? And if they leave, are they going to come back?” Juce said, adding that rural hotels in particular are already grappling with staffing shortages.

Read
Saturday, May. 2, 2026

Say What?! Sports guys travel to new destination

Steve Lyons and Paul Wiecek 16 minute read Preview

Say What?! Sports guys travel to new destination

Steve Lyons and Paul Wiecek 16 minute read Thursday, Jan. 30, 2020

Say What?! is an email conversation between sports editor Steve Lyons and sports columnist Paul Wiecek. Look for us regularly but intermittently on the Free Press website.

 

Steve Lyons: Heya. How you doing? How’s 2020 treating you so far?

Few things to get us started:

Read
Thursday, Jan. 30, 2020

Today’s horoscope

Georgia Nicols 4 minute read Preview

Today’s horoscope

Georgia Nicols 4 minute read 2:00 AM EST

MOON ALERT: There are no restrictions to shopping or important decisions today. The moon is in Leo.

ARIES (March 21-April 19)

Avoid disputes about shared property, inheritances, taxes, debt and insurance issues. This might also include shared expenses. Just coast. Parents should be vigilant about their kids. Social plans might suddenly change. It’s a good day to make art.

TAURUS (April 20-May 20)

Read
2:00 AM EST

A little toponder, a lot to celebrate

Erna Buffie 5 minute read Yesterday at 2:01 AM CDT

Well, another civic election season has come and gone, and I have to say it was a doozy. The most surprising event was the steady climb in support for young mayoral candidate Noah Redden, who started out with just four per cent public support in September but had reached a solid 14 per cent support in October.

On election day, Redden nearly came in second, less than one percentage point behind Kevin Klein, an experienced politician.

Indeed, the 27-year-old’s accomplishment was nothing short of astonishing. Particularly given that his shoestring campaign was given very little coverage — largely, according to one pundit, because he didn’t send out any press releases.

This when Redden’s unwritten press releases were there for everyone to see on Instagram, as he popped up in locations across the city, posting videos about what he hoped to achieve as mayor.

Haunted houses aren’t the only places to find jump scares

Jen Zoratti 3 minute read Preview

Haunted houses aren’t the only places to find jump scares

Jen Zoratti 3 minute read Yesterday at 2:01 AM CDT

C’est l’Halloween, to quote the 1981 elementary school French class banger by Matt Maxwell, but you know what’s already plenty scary? Life.

We all have our personal haunted houses, so to speak, hence the popularity of the “a haunted house but it’s just…” meme that pops up every October. Sample: “a haunted house but it’s just a bunch of men telling you you’d be prettier if you smiled.”

In the spirit of the season, I thought I’d offer up a few jump scares of my own.

A haunted house but it’s just Gate E25

Read
Yesterday at 2:01 AM CDT