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Submission to the College of Physicians and Surgeons of Ontario

Re: Physicians and the Ontario Human Rights Code (11 September, 2008)

Notes (Table of Contents)

1. Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario regarding the draft policies relating to establishing and ending physician-patient relationships. 14 February, 2008. Accessed 2008-08-31

2. Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians and the Ontario Human Rights Code." 15 August, 2008. Accessed 3008-08-31

3. Murphy, Sean,The New Inquisitors. Protection of Conscience Project (31 August, 2008)

4. Thinking like that illustrated in a controversial guest editorial in the July, 2006 edition of the Canadian Medical Association Journal. Rodgers, Sanda and Downie, Jocelyn, Abortion: ensuring access. CMAJ July 4, 2006; 175 (1) Accessed 2008-09-02

5. Explaining his decision to participate in an execution by lethal injection, inevitable in view of the law, a nurse asked an interviewer, "Are you, as a doctor, going to let [an untrained layman] stab the inmate for half an hour because of his inexperience? . . . I wasn't. . . If this is to be done correctly, if it is to be done at all, then I am the person to do it." Gawande, Atul, When Law and Ethics Collide - Why Physicians Participate in Executions. N Engl J Med 354;12, March 23, 2006, p. 1227. Similarly, a psychiatrist explained his participation in the Nazi euthanasia programme in terms of harm reduction: "taking part in the selections . . . in order to prevent worse things from happening." Lifton, Robert Jay, The Nazi Doctors: Medical Killing and the Psychology of Genocide. Basic Books, 1986, p. 112

6. Zuliani, Preson, "Doctors do not have to violate beliefs."Ottawa Citizen, 23 August, 2008. Accessed 2008-09-01. Responding to Warren, David, "Refusing to do harm." Ottawa Citizen, 20 August 2008.

7. "We do not expect physicians to provide services that are contrary to their moral or religious beliefs." The e-mail acknowledged that a requirement that physicians may be required to help patients arrange for morally objectionable procedures had "raised concerns from respondents." " E-mail from the College of Physicians and Surgeons of Ontario, 20 August 2008

8. Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians and the Ontario Human Rights Code." 15 August, 2008. Accessed 2008-08-31

9. "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." Canning, Cheryl, "Doctor's faith under scrutiny:Barrie physician won't offer the pill, could lose his licence." The Barrie Examiner, February 21, 2002

10. Asoka ascended his father's throne in 269 BC. Time-Life Books, TimeFrame 400 BC - AD 200: Empires Ascendant, p. 107-109

11. More than 900 out of 5,000 Canadian soldiers were killed; nearly 2000 were captured. An example of the carnage: of the Royal Regiment of Canada, half were killed, just 65 of 554 made it back to England, and only 22 of them were unwounded. Readers Digest, The Canadians at War 1939/45. Vol. 1, p. 181, 192.

12. "Upon landing on the beach under heavy fire he attached himself to the Regimental Aid Post . . . During the subsequent period of approximately eight hours, while the action continued, this officer not only assisted the Regimental Medical Officer in ministering to the wounded . . . but time and again left this shelter to inject morphine, give first-aid and carry wounded personnel from the open beach . . . . On these occasions, with utter disregard for his personal safety, Honorary Captain Foote exposed himself to an inferno of fire and saved many lives by his gallant efforts. . . Honorary Captain Foote continued tirelessly and courageously to carry wounded men from the exposed beach to the cover of the landing craft. He also removed wounded from inside the landing craft when ammunition had been set on fire by enemy shells. When landing craft appeared he carried wounded from the Regimental Aid Post to the landing craft through heavy fire. On several occasions this officer had the opportunity to embark but returned to the beach as his chief concern was the care and evacuation of the wounded. He refused a final opportunity to leave the shore, choosing to suffer the fate of the men he had ministered to for over three years." Citation, as reported in The London Gazette, 14 February, 1946. Reproduced on the website of the Royal Hamilton Light Infantry: Hon LCol John Weir Foote, VC, CD. Accessed 2008-09-05

13. "Realizing the dangerous situation, Scrimger organized the evacuation of the wounded to the rear, but one of his patients, Captain H. F. McDonald, had a serious head wound. Any movement before he was stabilized would likely kill him. Scrimger chose to stay behind. The shells fell around them and then began to land on the farm. The slight, 5-foot-7-inch doctor, who weighed only 148 pounds, shielded McDonald's prone body while he worked over him. During the bombardment, the building was demolished and set on fire, but both Scrimger and McDonald survived the whirling shrapnel and exploding ammunition. Blinded by the smoke and heat of the fire, Scrimger pulled the larger, unconscious infantry officer onto his back and staggered out of the building. German infantry were advancing on the farm and the only escape was to cross the moat to the rear. Lurching to safety with McDonald on his back, Scrimger passed through the barrage, moving from shell hole to shell hole for cover. Hiding in a nearby ditch throughout the rest of the day, they avoided the enemy infantry. Captain McDonald later testified that each time the shells exploded around them, "Captain Scrimger curled himself round my wounded head and shoulder to protect me from the heavy shell fire, at obvious peril to his life. He stayed with me all that time and by good luck was not hit." Canadian War Museum, Backgrounder: Francis Scrimger, V.C. Accessed 2008-09-05

14. Kingsmill, Suzanne, Francis Scrimger: Beyond the Call of Duty. Hannah Institute for the History of Medicine, Dundurn Press Ltd., 1991, p. 25. See also "The greatest devotion to duty": Dr. Francis Scrimger and his Victoria Cross. McCulloch, I. CMAJ. 1994 February 1; 150(3): 414-416. Accessed 2008-09-0415. Benson, Iain T., "There are No Secular 'Unbelievers.'" Centrepoints 7, Vol. 4, No. 1, Spring 2000, P. 3.16. For example: "The moral position of an individual pharmacist, if it differs from the ethics of the profession, cannot take precedence over that of the profession as a whole." College of Pharmacists of British Columbia Bulletin, Ethics in Practice: Moral Conflicts in Pharmacy Practice. March/April 2000, Vol. 25, No. 2, P. 5. For further information about the bulletin and related issues, see Project Report 2001-01, College of Pharmacists of British Columbia: Conduct of the Ethics Advisory Committee, 26 March, 2001.

17. One critic outlines the extent of the penetration of bioethics principlism, as defined in the American Belmont Report: "Many colleges and universities already require a course in bioethics in order to graduate, and most medical and nursing schools have incorporated it in their curricula. Bioethics is even being taught now in the high schools. And what is being taught as bioethics are the Belmont principles, or renditions of one or more of these principles as defined in Belmont terms. Nods may be given to 'alternative' propositions here and there, but in the end it is the language of principlism which sets the standards." Irving, Dianne N., What is "Bioethics"? (Quid est "Bioethics"?). Tenth Annual Conference: Life and Learning X (in press)University Faculty For Life, Georgetown University,Washington, D.C. () Accessed 2008-09-11

18. Cromwell, Oliver, "Declaration of the Lord Lieutenant of Ireland." (January, 1649) Carlyle, Thomas, Oliver Cromwell's Letters and Speeches, with elucidations. Boston: Estes and Lauriat, 1886, Vol. I, Part 5, p. 18.19. Cromwell, Oliver, "Declaration of the Lord Lieutenant of Ireland." (January, 1649) Carlyle, Thomas, Oliver Cromwell's Letters and Speeches, with elucidations. Boston: Estes and Lauriat, 1886, Vol. I, Part 5, p. 18.

20. Trinity Western University v. College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31

21. A practical observation is that ethical advice "falls squarely into the most contested domain of social and public policy. Rawlsians and feminists; casuists and communitarians: all have their divergent visions of what individuals should find life worth living for, or be willing to live with. And these visions will not always coincide with the wishes of the patient, much less the consensus of society." Shalit, Ruth,"When we Were Philosopher Kings." The New Republic, April 28, 1997. Smith, Wesley J., "Is Bioethics Ethical?" The Weekly Standard, 28 May, 2000.

22. Richard G. Frey, "The ethics of the search for benefits: Animal experimentation in medicine," in Raanan Gillon (ed.), Principles of Health Care Ethics (New York: John Wiley & Sons, 1994), pp. 1067-1075; cited in Irving, Dianne N., "Scientific and Philosophical Expertise: An Evaluation of the Arguments on 'Personhood'". Linacre Quarterly, February 1993, 60:1:18-46 [Updated and extensively revised, September 20, 1996]

23. Bleich, Dr. J. David, "Euthanasia", in Judaism and Healing: Halakhic Perspectives (1st Ed.), Ktav Publishing House, 1981, p. 139. Essay reprinted in A Matter of Choice: Responsibility to Live, Right to Die - Five Discussion Papers from the Jewish Perspective on Euthanasia. 13 April, 1994, Lubavitch Centre, Vancouver, B.C. (Ethics and Torah forum series)

24. "Medical professionalism includes both the relationship between a physician and a patient and a social contract between physicians and society." Canadian Medical Association, Policy: medical professionalism. (Update 2005) P. 1 (Accessed 2008-09-06)"Professionalism is also the moral understanding among medical practitioners that gives reality to the social contract between medicine and society. This contract in return grants the medical profession a monopoly over the use of its knowledge base, the right to considerable autonomy in practice and the privilege of self-regulation." Canadian Stakeholders Coalition on Medical Professionalism, quoted in Canadian Medical Association: Medical Professionalism (Accessed 2008-09-06)

"Professionalism is the basis of medicine's contract with society." "Medical Professionalism in the New Millennium: A Physician Charter." Annals of Internal Medicine, 5 February 2002 | Volume 136 Issue 3 | Pages 243-246 (Accessed 2008-09-06)

"In Canada and the United States the social basis of the extraordinary grant of occupational authority and independence to professionalized occupations such as medicine and law has been a social contract between the profession and the public. Professionalism is the moral understanding among professionals that gives concrete reality to this social contract." Sullivan, William M., Medicine under threat: professionalism and professional identity. CMAJ, March 7, 2000; 162 (5)
(Accessed 2008-09-06) Similarly, Cruess, Sylvia R. and Cruess, Richard L., Professionalism: a contract between medicine and society. CMAJ 7 March 2000; 162 (5) (Accessed 2008-09-06)

25. "We also exchanged, or rather subsumed, social contract and morality into a single term, moral contract. It seemed to us that the idea of a moral dimension to medicine was important. It indicated something right and good in relation to the behaviours and actions of a doctor. The ultimate expression of those behaviours and actions is perhaps best summed up in the idea of a contract between the public and the profession - a moral contract. A social contract, while a correct description of the mutual agreement that exists between the public and profession, seemed too neutral a term. We wanted to emphasise an ethical edge to that mutual agreement." Royal College of Physicians Report of a Working Party, Doctors in Society: Medical Professionalism in a Changing World.(December, 2005), para. 2.15 Accessed 2008-09-06

26. Latimer, Elizabeth J., Accidental patient. A doctor takes a different view. Can Fam Physician. 2002 August; 48: 1295-1296. (Accessed 2008-09-06). James T.C, The Patient-Physician Relationship: Covenant or Contract? Mayo Clin Proc. 1996;71:917-918 Accessed 2008-09-07

27. Honderich, Ted (Ed.) The Oxford Companion to Philosophy (2nd Ed.) Oxford: Oxford University Press, 2005. p. 17428. Ontario Human Rights Commission, The Duty to Accommodate. (Accessed 2008-09-07)

29. Cook RJ, Dickens BM, "In Response". J.Obstet Gyanecol Can, February, 2004; 26(2)112

30. McInerney v. MacDonald (1992), 93 Dominion Law Reports (4th) 415 (Supreme Court of Canada)

31. Recalling an earlier case (Canson Enterprises Ltd. v. Boughton & Co. [1991] 3 S.C.R. 534)

32. Quoting LeBel, J. in Henderson v. Johnston, [1956] O.R. 789 at p. 799

33. For an analysis of subsequent arguments made by Cook and Dickens on this point, see Murphy, Sean, Postscript for the Journal of Obstetrics and Gynaecology Canada: Morgentaler vs. Professors Cook and Dickens.

34. Lee, Jenny,"Official slams 'sex selection' blood test: Gender of fetus can be seen five weeks into pregnancy." Vancouver Sun, 13 August, 2005. (Accessed 2005-10-10)

35. Ramsay, Sarah, "Controversy over UK surgeon who amputated healthy limbs". The Lancet, Volume 355, Number 9202, 05 February 2000. (Accessed 2001-10-04) Dr. Smith waived his fee and the patients paid for the surgery.

36. Gawande, Atul, When law and ethics collide - Why physicians participate in executions. N Engl J Med 354;12 23 March, 2006, 1221-1229. (Accessed 2008-09-08)

37. American Medical AssociationPolicy E-2.06: Capital Punishment (June, 1998) Accessed 2008-09-06

38. Gawande, Atul, When law and ethics collide - Why physicians participate in executions. N Engl J Med 354;12 23 March, 2006, 1221-1229. (Accessed 2008-09-08)

39. Curfman, Gregory D., Morrissey, Stephen, and Drazen, Jeffrey M., Physicians and Execution. N Engl J Med 358;4 (Accessed 2008-09-08)

40. Physicians and the Ontario Human Rights Code, p. 4

41. Zuliani, Preson, "Doctors do not have to violate beliefs." Ottawa Citizen, 23 August, 2008. Responding to Warren, David, "Refusing to do harm." Ottawa Citizen, 20 August 2008. (Accessed 2008-09-01) Further: "We do not expect physicians to provide services that are contrary to their moral or religious beliefs." E-mail from the College of Physicians and Surgeons of Ontario, 20 August 2008

42. Physicians and the Ontario Human Rights Code, p. 6-7

43. Physicians and the Ontario Human Rights Code, p. 5, note 5.

44. American College of Obstetricians and Gynecologists, The limits of conscientious refusal in reproductive medicine. ACOG Committee Opinion No. 385. Obstet Gynecol 2007; 110: 1203-8. (Accessed 2008-09-11)

45. Alter, Jonathon, "Time to Think About Torture." Newsweek, 5 November, 2001, p. 45

46. Maher's Story. (Accessed 2008-09-08)

47. Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar: Analysis and Recommendations. (hereinafter, "Arar Inquiry: Analysis and Recommendations") p. 9. (Accessed 2008-09-0848) Arar Inquiry: Analysis and Recommendations, p. 35-36. (Accessed 2008-09-08)

49. Deputy Prime Minister Issues Terms of Reference for the Public Inquiry into the Maher Arar Affair. (Accessed 2008-09-08)

50. Re: briefing note for RCMP Commissioner Zaccardelli: "Assistant Commissioner Proulx states [in the note] that the RCMP can be considered complicit in Mr. El Maati's detention in Syria. However, Mr. Proulx testified that it was the media and public who would consider the RCMP's actions to be complicit. He did not personally believe that the RCMP was complicit, nor was he referring to complicity in the criminal sense." Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar: Factual Background, Vol. 1, (hereinafter "Arar Inquiry: Vol. I") p. 64 (Accessed 2008-09-08)

51. "The Ambassador did not consider that seeking the fruits of the Syrian interrogation made Canada complicit in obtaining information that might have been the product of torture. He reasoned that he did not ask the Syrians to continue interrogating Mr. Arar so that Canada could obtain information. Furthermore, the Ambassador did not have any evidence that Mr. Arar was being tortured or held incommunicado. Arar Inquiry: Vol. I, p. 271. (Accessed 2008-09-08)

52. "Superintendent Killam was aware that Secretary Powell had given Minister Graham the clear impression that the RCMP was complicit in Mr. Arar's deportation. However, Superintendent Killam testified that, even without making further inquiries in response to the media reports, he was able to exclude the possibility that the allegation of complicity might be true, because the allegation was inconsistent with the RCMP position."Arar Inquiry: Vol. I, p. 299. (Accessed 2008-09-08)

53. "Mr. Solomon prepared a draft memorandum for the Minister . . .which dealt with the upcoming CSIS trip to Syria and stated . . . "there are concerns as to whether a visit to Arar by Canadian intelligence officials may make Canada appear complicit in his detention and possible poor treatment by Syrian authorities." Arar Inquiry: Vol. I, p. 309. (Accessed 2008-09-08)

"Mr. Livermore testified that the original statement about the reliability of the confession and the possible complicity by Canada if CSIS was to meet with Mr. Arar was "very much on the speculative side" and "it was anticipating something that we later ironed out with CSIS, namely that they would not seek access to Mr. Arar." Arar Inquiry: Vol. I, p. 310. Accessed 2008-09-08

54. ". . . the intervenors suggest that the circumstances under which these individuals ended up in Syrian detention raise troubling questions about whether Canadian officials were complicit in their detention. The evidence of what happened to them could possibly show a pattern of misconduct by Canadian officials." 770 Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar: Factual Background, Vol. II, p. 770. (Accessed 2008-09-08)

55. "Canadian officials did not participate or acquiesce in the American decisions to detain Mr. Arar and remove him to Syria. I have thoroughly reviewed all of the evidence relating to events both before and during Mr. Arar's detention in New York, and there is no evidence that any Canadian authorities - the RCMP, CSIS or others - were complicit in those decisions." Arar Inquiry: Analysis and Recommendations, p. 29. (Accessed 2008-09-08)

"Although decisions to interact must be made on a case-by-case basis, they should be made in a way that is politically accountable, and interactions should be strictly controlled to guard against Canadian complicity in human rights abuses or a perception that Canada condones such abuses." Arar Inquiry: Analysis and Recommendations, p. 35. (Accessed 2008-09-08)

"If it is determined that there is a credible risk that the Canadian interactions would render Canada complicit in torture or create the perception that Canada condones the use of torture, then a decision should be made that no interaction is to take place." Arar Inquiry: Analysis and Recommendations, p. 199. (Accessed 2008-09-08)

"Even if one were to accept that Canadian officials were somehow complicit in those arrests, that would not change my conclusion, based on the evidence at the Inquiry, that Canadian officials did not participate or acquiesce in the American decision to send Mr. Arar to Syria from the United States." Arar Inquiry: Analysis and Recommendations, p. 271. (Accessed 2008-09-08)

"Information should never be provided to a foreign country where there is a credible risk that it will cause or contribute to the use of torture. Policies should include specific directions aimed at eliminating any possible Canadian complicity in torture, avoiding the risk of other human rights abuses and ensuring accountability." Arar Inquiry: Analysis and Recommendations,p. 345. (Accessed 2008-09-08)

"Clearly, the prohibition against torture in the Convention against Torture is absolute. Canada should not inflict torture, nor should it be complicit in the infliction of torture by others." Arar Inquiry: Analysis and Recommendations, p. 346. Accessed 2008-09-0856. Smith, Graeme, "From Canadian custody into cruel hands." Globe and Mail, 23 April, 2007. (Accessed 2008-09-07)

57. Editorial,"The truth Canada did not wish to see." Globe and Mail, 2 April, 2007. Accessed 2008-09-08

58. "We will have to repent in this generation, not merely for the hateful words and actions of the bad people, but for the appalling silence of the good people."King, Martin Luther, Letter from Birmingham Jail, 16 April, 1963. (Accessed 2005-08-02)

"Non-cooperation with evil is as much a duty as is cooperation with good."Gandhi, Mahatma, Statement before Mr. C. N. Broomfield, I. C. S., District and Sessions Judge. Ahmedabad, 18 March, 1922. (Accessed 2005-08-02)

59. Editorial, "How complicit are doctors in the abuse of detainees?" The Lancet, Vol 364, August 21, 2004, p. 725-729

60. Miles, Steven H., "Abu Ghraib: its legacy for military medicine." The Lancet, Vol 364, August 21, 2004, p. 725-729; Lifton, Robert Jay, Doctors and Torture. N Engl J Med 351;5

61. American Medical Association Policy E-2.06:Capital Punishment. (Accessed 2008-09-08)

62. American Medical Association Policy E.2.067:Torture. (Accessed 2008-09-08)

63. Canadian Medical Association Policy resolution BD80-03-99 - Treatment of prisoners. Status: Approved, 1979-Dec-08. Last Reviewed, 2004-Feb-28: Still relevant.

64. Elahi, Maryam and Kushner, Adam"Doctors With 'Dirty Hands.'" Physicians for Human Rights Library. Accessed 2008-09-09. Originally published in the Washington Post, 8 June, 2003

65. Hartle, Anthony E., "Atrocities in war: dirty hands and noncombatants - International Justice, War Crimes, and Terrorism: The U.S. Record." Social Research, Winter, 2002. (Accessed 2008-09-08)

66. Maritain, Jacques (John J. Fitzgerald, trans.) The Person and the Common Good. Notre Dame, Indiana: University of Notre Dame Press, 2002, p. 36, 43, 46

67. King, Martin Luther, Sermon: The Three Dimensions of a Complete Life. New Covenant Baptist Church, Chicago, Illinois, 9 April 1967. (Accessed 2005-08-02

68. King, Martin Luther, Sermon: Rediscovering Lost Values. 2nd Baptist Church, Detroit 28 February, 1954. (Accessed 2005-08-02)

69. Charo, R. Alta, The Celestial Fire of Conscience- Refusing to Deliver Medical Care. N Eng J Med 352:24, June 16, 2005. (Accessed 2008-09-13)

70. Lewis, C.S., "Learning in War Time." In The Weight of Glory and Other Addresses. Grand Rapids, Mich.: William B. Eerdmans, 1975, p. 47

71. Maritain, Jacques (John J. Fitzgerald, trans.) The Person and the Common Good. Notre Dame, Indiana: University of Notre Dame Press, 2002, p. 59; Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 3, 9

72. Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 3-4

73. Somerville, Margaret, Death Talk: The Case Against Euthanasia and Assisted Suicide. Montreal & Kingston: McGill-Queens University Press, 2001, p. 191-192.

74. Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 3

75. Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 18

76 Maritain, Jacques (John J. Fitzgerald, trans.) The Person and the Common Good. Notre Dame, Indiana: University of Notre Dame Press, 2002, p. 71; Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 14

77 Maritain, Jacques (John J. Fitzgerald, trans.) The Person and the Common Good. Notre Dame, Indiana: University of Notre Dame Press, 2002, p. 73; Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 15-17, 76

78 Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 11

79 Maritain, Jacques (John J. Fitzgerald, trans.) The Person and the Common Good. Notre Dame, Indiana: University of Notre Dame Press, 2002, p. 58

80. Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 65

81. Maritain, Jacques (Doris C. Anson, trans.) The Rights of Man and Natural Law. New York: Gordian Press, 1971, p. 45

82. Joad, C.E.M., Guide to the Philosophy of Morals and Politics. London: Gollancz Ltd., (1938), p. 803. Quoted in R. v. Morgentaler (1988)1 S.C.R 30 at p. 178. (Accessed 2008-09-10)

83. Joad, C.E.M., Guide to the Philosophy of Morals and Politics. London: Gollancz Ltd., (1938), p. 805. Cited in R. v. Morgentaler (1988)1 S.C.R 30 at p. 178. Accessed 2008-09-10. See Maritain, Jacques, Man and the State. Chicago: University of Chicago Press, 1951, p. 13

84. Lewis, C.S., "The Humanitarian Theory of Punishment." In Hooper, Walter (Ed.) C.S. Lewis: First and Second Things. Glasgow: William Collins & Sons, 1985, p. 101

85. King, Martin Luther, Letter from Birmingham Jail, 16 April, 1963. (Accessed 2005-08-02)

86. Wojtyla, Karol, Love and Responsibility. San Francisco: Ignatius Press, 1993, p. 2787 Kant, Immanuel, Fundamental Principles of the Metaphysic of Morals. (Accessed 2008-09-10). Quoted inThe Internet Encyclopedia of Philosophy,"Immanuel Kant (1724-1804) Metaphysics" . (Accessed 2008-09-10)

88. R. v. Morgentaler (1988)1 S.C.R 30 (Supreme Court of Canada) (Accessed 2008-09-10)

89. R. v. Morgentaler (1988)1 S.C.R 30 (Supreme Court of Canada) (Accessed 2008-09-10)

90. R. v. Morgentaler (1988)1 S.C.R 30 (Supreme Court of Canada) (Accessed (2008-09-10)

91. R. v. Morgentaler (1988)1 S.C.R 30 (Supreme Court of Canada) (Accessed 2008-09-10)

92. Solzhenitsyn, Alexander, "As Breathing and Consciousness Return." In From Under the Rubble. Bantam Books (USA & Canada) 1976, p. 2393. ". . . a physician's responsibility is to place the needs of the patient first . . . Physicians and the Ontario Human Rights Code, p. 4 (Accessed 2008-09-11)

94. "These principles appear to be generally applicable to circumstances in which a physician's religious beliefs conflict with a patient's need or desire for medical procedures or treatments." Physicians and the Ontario Human Rights Code, p. 6. (Accessed 2008-09-11)

95. ". . .to ensure that patients or potential patients are provided with the medical treatment and services they require." Physicians and the Ontario Human Rights Code, p. 4 (Emphasis added) (Accessed 2008-09-11)

96. Physicians and the Ontario Human Rights Code, p. 5. (Accessed 2008-09-11)

97. Barbeau et al v. British Columbia (Attorney General) 2003 BCCA 251, para. 133. Accessed 2008-09-08. Cited in Physicians and the Ontario Human Rights Code as EGALE Canada Inc. v. Canada (Attorney General) (2003), 13 BCLR (4th) (BCCA).

98. Physicians and the Ontario Human Rights Code, p. 5. (Accessed 2008-09-11)

99. Trinity Western University v. College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31. (Accessed 2008-09-09)

100. Physicians and the Ontario Human Rights Code, p. 5. (Accessed 2008-09-11)

101. Ross v School District No. 15 (1996) 1 SCR 825. (Accessed 2008-09-08)

102. R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295. (Accessed 2008-09-08)

103. Physicians and the Ontario Human Rights Code, p. 5. (Accessed 2008-09-11)

104. Syndicat Northcrest v. Amselem, [2004] 2 S.C.R. 551, 2004 SCC 47. (Accessed 2008-09-09)

105. "Organ Trade GP suspended." BBC News, 15 October, 2002. (Accessed 2004-01-06)

106. General Medical Council (United Kingdom) Personal Beliefs and Medical Practice. Accessed 2008-09-10107. General Medical Council (United Kingdom) Good Medical Practice (2006) (Accessed 2008-09-10)

108. Joint Statement on Preventing and Resolving Ethical Conflicts Involving Health Care Providers and Persons Receiving Care (1998)

109. United Kingdom Parliament, House of Lords Select Committee on Assisted Dying for the Terminally Ill Bill: Selections from the First Report

110. Joint Committee On Human Rights Twelfth Report:Assisted Dying for the Terminally Ill Bill, Para. 3.11 to 3.16. (Accessed 2005-11-01)

111. House of Lords Select Committee on Assisted Dying for the Terminally Ill Bill:Examination of Witnesses (Questions 70 - 79) , Thursday, 16 September, 2004, Q70. (Accessed 2005-11-01)

112. Murphy, Sean, Belgium: mandatory referral for euthanasia

 

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