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Lawrie McFarlane: Medical professionals don't have the right to impose their own views

In a recent column on the CBC website , Brian Bird, an assistant professor of law at the University of British Columbia, argued: 鈥淚t has long been accepted that 颅health-care workers in sa国际传媒 have a right to distance themselves from procedures that t
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Those who choose to train as medical professionals thereby accept the ethical standards of the profession in question, argues Lawrie McFarlane. Susan Walsh, The Associated Press

In a , Brian Bird, an assistant professor of law at the University of British Columbia, argued: 鈥淚t has long been accepted that 颅health-care workers in sa国际传媒 have a right to distance themselves from procedures that they consider unethical.鈥

Here are some examples he gave of 颅medical professionals being forced, as he sees it, to give up their freedom of 颅conscience.

The Irene Thomas Hospice in Delta was shut down last April after it refused to 颅permit terminally ill residents to have medical assistance in dying (MAID).

The facility cited religious objections, but as a consequence, elderly residents would have been forced to give up their final place of residence and move to an unfamiliar 颅setting to die.

What kind of conscience can live with that? The facility has since been reopened by the Fraser Health Authority under new leadership.

Next, Brian Bird complains that a court in Ontario ordered that, as he put it, 鈥渄octors can be forced to facilitate procedures they deem immoral.鈥

In fact, the court determined that in 颅certain circumstances, physicians do not have to participate in procedures they oppose. Instead, as a compromise, the court ruled they would have to provide a referral to a doctor who is willing to perform the 颅procedure in question.

Bird renders this perfectly reasonable middle ground thus: 鈥淚f you believe it is wrong to rob a bank, would you be willing to plan the robbery?鈥

He then protests that a medical student at the University of Manitoba was expelled after posting on Facebook that doctors who perform abortions should be charged with first-degree murder.

The student also claimed that abortion can be likened to the 鈥淔inal Solution,鈥 a 颅reference to Nazi Germany鈥檚 extermination of Europe鈥檚 Jews.

Now, in fact, the Manitoba Court of Queen鈥檚 Bench upheld the student鈥檚 appeal, ruling the university鈥檚 disciplinary 颅committee failed to grant the student due process. His case is to be re-examined.

But ask yourself, is someone fit to 颅practise medicine who considers his soon-to-be colleagues murderers who should go to prison?

Let鈥檚 return to what I believe is the crux of the matter.

First, people who choose to train as 颅medical professionals (or indeed members of any profession) thereby accept the 颅ethical standards of the profession in question. They don鈥檛 get to impose their own views about how its rules apply.

What about that Ontario court ruling? Two procedures in particular were central: MAID and medically assisted abortion.

Laughably, one of the groups demanding 鈥渇reedom of conscience鈥 argued: 鈥淭here is no evidence that patients would be harmed by not receiving a referral.鈥

Do these people not understand how 颅difficult it is to find any kind of physician these days, far less a stand-in?

Those of us in sa国际传媒 who worked in health care during the early 1990s recall the 颅successive attempts to kill Dr. Garson Romalis, a Vancouver gynecologist who worked in an abortion clinic.

We recall the crowds of screaming 颅protesters who gathered at the doors of such clinics, and subjected arriving women to a gauntlet of abuse.

These protests were quieted by 颅legislation establishing safe zones around the clinics. At the time, legal experts warned the statute would be ruled unconstitutional.

But the Supreme Court of sa国际传媒 thought otherwise. It decided (uncontroversially, I would have thought) that women had a right to be safeguarded when attending a medical clinic.

Now we have a law professor reopening the whole debate, no doubt unintentionally, by questioning the moral foundations of this and other professionally accredited, lawful procedures. No good can come of that.

To be fair, I think it sometimes is OK for a doctor or nurse to cite moral objections if an alternative is readily available. There is no need to be heavy-handed.

But when it comes to determining the ethical principles underlying the practice of medicine, that responsibility rests with the profession鈥檚 oversight body 鈥 the College of Physicians and Surgeons.

If individual practitioners can repudiate those principles at will, we don鈥檛 have a 颅profession, we have a free-for-all.