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

Service, not Servitude

Canada

Yukon Medical Council

Policies & statements relevant to freedom of conscience

Moral or Religious Beliefs Affecting Medical Care

(1) A physician must communicate clearly and promptly about any treatments or procedures the physician chooses not to provide because of his or her moral or religious beliefs.

(2) A physician must not withhold information about the existence of a procedure or treatment because providing that procedure or giving advice about it conflicts with their moral or religious beliefs.

(3) A physician must not promote their own moral or religious beliefs when interacting with patients.

(4) When moral or religious beliefs prevent a physician from providing or offering access to information about a legally available medical or surgical treatment or service, that physician must ensure that the patient who seeks such advice or medical care is offered timely access to another physician or resource that will provide accurate information about all available medical options.

  • Terms used in the Standards of Practice:
    •  "Physician" means any person who is registered or who is required to be registered under the Medical Profession Act.
    •  "Must" refers to a mandatory requirement.
    •  "May" means that the physician may exercise reasonable discretion.
    •  "Patient" includes, where applicable, the patient’s legal guardian or substitute decision maker.

Project Annotations

The policy recognizes an important distinction between providing information and providing or facilitating a morally contested service or procedure.  The former is required; the latter is not.

Physicians are expected to provide information necessary to satisfy the requirements of informed medical decision making, such as prognosis, the treatments or procedures available, benefits and burdens of treatment, risks, etc.  Objecting physicians are normally willing to provide this information.

Only if a physician is unwilling to provide this information is an offer of "timely access" to another physician or resource required.  In that case, the physician is required to provide timely access to someone who can provide the necessary information, which may or may not be someone able and willing to provide the procedure itself.