Submission to the College of Physicians and Surgeons of Ontario
Re: Physicians and the Ontario Human Rights Code
Notes
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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