Repression of Conscience

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Dawson's licence revoked
for sexual misconduct

A Barrie doctor could lose his licence to practise medicine because of his religious beliefs. 

Dr. Stephen Dawson faces a discipline committee at the College of Physicians and Surgeons of Ontario in April because he refused to prescribe birth control pills to unmarried women. 

"If a Christian physician must forsake his religious beliefs to maintain his medical licence, we cannot delude ourselves to believe we live in a free country," said Dawson. 

Last summer, four female patients made formal complaints to the college, citing Dawson's refusal to prescribe birth control to the "unmarried" women as the reason, he said. 

Dawson believes that when a doctor prescribes birth control pills to an unmarried woman, he unwittingly promotes sex outside of marriage, because he removes the fear of pregnancy. 

In a letter addressed to his patients, Dawson quotes warnings from Ezekiel 3:18-21: "When you do not warn nor dissuade an unrighteous man from his evil ways, he will lose his soul for his iniquity, and his blood will be on your hands. Yet if you do warn him and he does not change from his evil ways, he will lose his soul, but you will at least save your own soul." 

Dawson said he was advised he should have referred the patients to another doctor to prescribe the pill, but he feels that because the pill doesn't require a referral to a specialist, the patients were free to find another doctor on their own. 

Kathryn Clarke, the spokesperson for the college of physicians, said after a review of the previous 10 years' discipline reports, she doesn't believe the college has had to address a similar situation. 

"I don't know of any other case like this," said Clarke. 

Although it is not specifically detailed in the college's regulations that doctors' must prescribe certain medications (that may interfere with their religious beliefs), Clarke doesn't describe the action as falling into a grey area. 

"There is no precedent, I know it's not written down, the standards are more general in nature - they're not that specific." 

Clarke says the committee determines what the standards are once evidence has been presented during the hearing. 

So until the committee actually meets, Dawson has only been loosely charged with 'professional misconduct in that he failed to meet the overall moral and professional standard of care.' 

The disciplinary committee is comprised of three doctors and two members of the public. They have several options when it comes to disciplining doctors. 

The doctor can be reprimanded, his licence could be suspended for a period of time, or they could impose certain terms and conditions on his licence, or revoke his licence. 

"Based upon the allegations, we will present evidence to prove those allegations and his lawyer will defend those accusations," Clarke said. 

The Canadian Medical Association Code of Ethics reads 'When a physician's religious or moral conscience alone prevents him from recommending some form of therapy, he will so acquaint the patient.' 

Dr. James Robert Brown, a professor of science and religion at the University of Toronto, said he agrees with prosecuting a doctor with that sort of conflict. "Suppose someone (doctor) said, 'I'm uncomfortable with (treating) a minority,' I'd say, 'So long scum'," said Brown. 

Brown believes performing abortions and offering other forms of contraception are necessary and if Dawson won't perform them, then, Brown added, 'Fine - just resign from medicine and find another job." 

"Religious beliefs are highly emotional - as is any belief that is effecting your behaviour in society. You have no right letting your private beliefs effect your public behaviour." 

At this point, Dawson may back down a little on his stand for religious freedom. 

After speaking with his lawyer earlier this week, the college has suggested he write letters to the four women, apologizing for what might have been perceived as an "overzealous" approach to their request for oral contraceptives. If he does, he feels they might reconsider their professional misconduct charges. 

However, he is still tossing around the prospect of how he could inform prospective clientele of his desire not to prescribe the pill, provide abortions, offer the-morning-after pill to unmarried women, or prescribe Viagra (a sex enhancement drug) to unmarried men. 

"I'm willing to compromise," said Dawson. 

But Father Tom Lynch, a professor of St. Augustine Seminary at the University of Toronto, said that might not be necessary. Lynch said conscience clauses are pretty typical. 

"He has a right in terms of not doing anything that goes against his conscience," he said. 

Agreement

Dawson's licence revoked
for sexual misconduct

BARRIE, ON, February 22, 2002 (LSN.ca) - Dr. Stephen Dawson, the family doctor who is in danger of losing his medical licence over his refusal to prescribe the birth control pill to unmarried women clarified his position in an interview with LifeSite last night.  Dr. Dawson told LifeSite that the initial coverage in the Barrie Examiner suggested he may compromise on the matter. He clarified: "Under no circumstances will I compromise. I would rather lose my licence."

He said that he would not apologize for refusaling to offer the pill to unmarried women but would apologize for the perhaps "overzealous manner in which I presented my case to these women initially."

Dr. Dawson told LifeSite he was pro-life and thus would never offer abortions, or the abortifacient morning-after pill.  But as he did not feel the birth control pill to be abortifacient, (despite its ingredients and operation being very similar to the morning-after pill) he would not prescribe the pill to unmarried women or Viagra to unmarried men since by doing so he would be promoting sex outside of marriage.

"Honoring the Hippocratic Oath I feel that I must tell the patient about these concerns otherwise I am advocating a treatment that would (spiritually) harm," said Dr. Dawson.  

Dr. John Patrick, Director of Public Policy of the Christian Medical and Dental Society (CMDS) of Canada echoed these concerns to LifeSite.  Apart from all the medical and psychological concerns over abortion and abortifacient drugs, Dr. Patrick explained that
physicians with a faith in God approach situations of moral concerns from a radically different perspective than do physicians of no faith.  Dr. Patrick compared the viewpoint of an abortionist to that of a Christian doctor.  An abortionist when confronted with a woman deciding to have an abortion sees a patient who is has chosen the least troublesome of undesirable alternatives. However, faced with the same situation, the Christian doctor would see two patients before him, one of whom is going to die and the other who is
putting herself at risk of eternal death. The CMDS is following Dr. Dawson's case closely and is willing to intervene in the case on his behalf.

The Catholic Civil Rights League (CCRL) is also interested in the case. CCRL Vice President Phil Horgan told LifeSite: "It is important to cite the principle from Canada's first case on religious freedom (by Supreme Court Chief Justice Dickson [1985] 1 S.C.R. 295, at 336-7) in R v. Big M Drug Mart Ltd.:  "Freedom means that, subject to such limitations as are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, no one is to be forced to act in a way contrary to his beliefs or his conscience."

"If Dr. Dawson has been charged with failing to meet the overall moral and professional standard of care, will the College of Physicians and Surgeons of Ontario suggest that morality and professionalism are distinct?  If not, what morality are they proposing to impose?", asked Horgan.

Dr. Dawson requested prayer and letters of support. The College of Physicians and Surgeons of Ontario told LifeSite that the disciplinary hearing on Dr. Dawson's case to be held April 16-19 at 80 College St. in Toronto are open to the public.

Send letters of support to Dr. Dawson at:
Doctor's Family Medical & Walk-In Clinic
353 Duckworth St, Barrie, ON L4M 5C2
email: dawson8@attcanada.ca

Related LifeSite coverage

Agreement

Dawson's licence revoked
for sexual misconduct

The Ontario College of Physicians and Surgeons has accepted a suggestion from Dr. Stephen Dawson that has resolved complaints lodged against him.  Dr. Dawson, a Christian physician who practises in Barrie, Ontario,  was charged for professional misconduct because he refused to prescribe birth control pills to four unmarried women.

Dr. Dawson now posts a policy statement in his waiting room that includes a statement that he will not prescribe birth control pills to unmarried women nor Viagra to unmarried men, nor will he arrange for abortions.  He will not offer further information about his religious convictions except in response to queries from patients.

The resolution reflects the fact that there were two different issues at play in the case: the exercise of freedom of conscience, and the manner in which it was exercised. College spokesman Kathryn Clarke explained that the focus of the College was on the latter.  "We simply wish to be assured that when he explains to his patients why he does not provide these services that he does so in a professional and respectful manner."

Agreement

The Globe and Mail reported that Dawson did not dispute the allegations that he had engaged in sexual activity with the patient, including oral sex and masturbation, in November and December, 1999.  Dawson was, at that time, separated from his wife, and the patient was having severe marital problems.  A statement by Dawson, quoted in the report, indicates that he ended the affair because his faith had become increasingly important to him, " that he felt compelled to reconcile with his spouse, and . . .encouraged Patient A to do the same."  He continued to see patient until 2002.  A victim impact statement from the patient indicated that Dawson used bible study as an excuse to establish the relationship with her, and that the incident had such an effect on her that she considered suicide a year after the affair ended.