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Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.
In Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, the court upheld the constitutionality of two policies enacted by the College. Each of policies required physicians who objected to providing certain medical procedures and pharmaceuticals on the basis of religious beliefs or freedom of conscience (such as medical assistance in dying, abortion and reproductive health services) to provide the patient with an effective referral to other practitioners or clinics. The Court upheld the Divisional Court’s finding that while the policies infringed the individual doctor’s religious freedom, the policies were reasonable limits that were demonstrably justifiable in a free and democratic society. The Court agreed with the Divisional Court and found that the policies’ objective to facilitate equitable access for vulnerable patients to health care services was sufficiently pressing and substantial to warrant overriding individual doctors’ religious freedom. The Court found that the policies fell within a range of reasonable alternatives to address the religious objections of physicians.
Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (MAY 13 – 17, 2019)