POLICY MATTERS
Effective referral requirement
affirmed by Superior Court
Unanimous decision supports patients’ right to access health services
I
n a unanimous decision, the Superior
Court of Justice supported patients’
right to access health services and the
College’s effective referral requirement
in relation to two of its policies.
Last June, the Divisional Court heard
two challenges brought by some individual
physicians and organizations, including
the Christian Medical and Dental Society,
to the College’s Professional Obligations
and Human Rights policy and the Medical
Assistance in Dying policy. The challenges
centered on the effective referral requirement
in the policies – that is, if a member
conscientiously objects to a procedure, the
policies require that the member connect
the patient with an available, non-objecting
member or agency. The applicants argued
that this requirement unjustifiably infringed
their constitutionally guaranteed freedom
of religion and equality rights. The Court’s
decision dismisses the applications, finding
that while there was an infringement of the
freedom of religion guarantee, the limit was
reasonably justified.
“The Court decision is a win for patient
ISSUE 1, 2018 DIALOGUE
27