Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude

Canada

Markham Stouffville Hospital (Markham Stouffville, Ontario)

Policies relevant to freedom of conscience

Introduction

The policy reproduced below was the result of a human rights complaint filed against the Markham Stoufville Hospital.  See:

MARKHAM STOUFFVILLE HOSPITAL POLICY
Schedule "A"
Termination of Pregnancy-Religious Exemption

This policy applies to all terminations of pregnancy and to all hospital, nursing and medical staff.

A. DEFINITIONS
1) Termination of pregnancy

The elective interruption of a pregnancy for any reason of choice including terminations performed after the first trimester as a result of a diagnosis of total incompatibility of the fetus with life.

2) Pregnancy accident

Includes, but is not limited to any spontaneous rupture of membranes, incompetent cervix, premature labour or other similar condition.

3) Mother's life in danger

Includes, but is not limited to chorioamnionitis, haemorrhaging and other life-threatening conditions as generally and from time to time identified by the medical and nursing staff and diagnosed by the most responsible physician.

B. FIRST TRIMESTER TERMINATION OF PREGNANCY

All nurses with a religious objection to performing, or participating in first trimester termination of pregnancy will be exempt.

C. SECOND TRIMESTER TERMINATION OF PREGNANCY
1) Scheduled termination of pregnancy

All nurses with a religious objection to performing, or participating in scheduled second trimester termination of pregnancy will be exempt.

2) Pregnancy accidents

All nurses will be required to perform, or participate in the termination of a pregnancy due to or as a result of a pregnancy accident only when the "mother's life is in danger."

D. INDUCTION OF LABOUR AFTER TWENTY WEEKS
1) Scheduled induction

All nurses with a religious objection to performing, or participating in a scheduled induction for a termination of pregnancy after twenty weeks gestation will be exempt.

2) Pregnancy accidents

All nurses will be required to perform, or participate in an induction after twenty weeks gestation due to, or as a result of a pregnancy accident, only when the "mother's life is in danger."

E. NURSING ASSIGNMENTS
1) Exemption

Nurses with a religious objection to performing, or participating in a termination of pregnancy will not be assigned to provide primary nursing care to a patient admitted for any pregnancy termination, but for and except in circumstances where the "mother's life is in danger."

Nurses with a religious objection will provide assistance, when necessary, to nurses assigned to and caring for a patient admitted for a termination of pregnancy, provided that such assistance does not involve in any way participating in the administration, monitoring or documenting of the pregnancy termination process.

2) Nurses with a religious objection to performing, or participating in a termination of pregnancy, will provide all necessary nursing care to patients who have undergone any termination of pregnancy after the termination is complete, regardless of the nature of the termination.

April 1999