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11 McGill J.L. & Health S1 (2017)

handle is hein.journals/mcghealp11 and id is 1 raw text is: 




  McGILL JOURNAL OF LAW AND HEALTH - REVUE DE DROIT ET SANTE DE McGILL



A TEST FOR FREEDOM OF CONSCIENCE UNDER

     THE CANADIAN CHARTER OF RIGHTS AND

   FREEDOMS: REGULATING AND LITIGATING

 CONSCIENTIOUS REFUSALS IN HEALTH CARE


          Jocelyn Downie & Franqoise Baylis*


Conscientious refusal to provide insured
health care services is a significant point of
controversy in Canada, especially in repro-
ductive medicine and end-of-life care. Some
provincial and territorial legislatures have
developed legislation or regulations, and
some professional regulatory bodies have
developed policies or guidelines, to bet-
ter reconcile tensions between health care
professionals' conscience and patients' ac-
cess to health care services. As other groups


L'objection de conscience de fournir des
services de soins de santd assurds est un
point de controverse important au Canada,
surtout en mddecine reproductive et en so-
ins de fin de vie. Certains corps ldgislatifs
provinciaux et territoriaux ont ddvelopd de
la ldgislation ou des rdglements et certains
organismes de rdglementation profession-
nelle ont ddvelopd des politiques ou des
lignes directrices afin de rdconcilier plus
facilement les tensions entre la conscience


    Jocelyn Downie, MLitt, SJD, FRSC, FCAHS, University Research Professor,
    Faculty of Law and Faculty of Medicine, Dalhousie University. Franqoise Bay-
    lis, CM, ONS, PhD, FRSC, FCAHS, Professor and Canada Research Chair in
    Bioethics and Philosophy, Faculty of Medicine and Faculty of Arts and So-
    cial Sciences, Dalhousie University. The authors would like to acknowledge
    the meticulous research assistance of Kate Scallion as well as the comments
    from anonymous reviewers and the editorial contributions from the staff at the
    McGill Journal of Law and Health. The authors have participated in various
    activities aimed at revising or defending existing standards for health care pro-
    fessionals' conscientious refusals. For example, they have made submissions
    to the College of Physicians and Surgeons of Ontario (CPSO) on their Profes-
    sional Obligations and Human Rights Policy and agreed to have their submis-
    sions referred to and attached to a CPSO affidavit in the court challenge to
    this policy.
                 © Jocelyn Downie & Franqoise Baylis 2017

Citation: Jocelyn Downie & Franqoise Baylis, A Test for Freedom of Conscience
under the Canadian Charter ofRights and Freedoms: Regulating and Litigating
  Conscientious Refusals in Health Care (2017) 11:1 McGill JL & Health S 1.
    Rfdrence : Jocelyn Downie et Franqoise Baylis, << A Test for Freedom of
  Conscience under the Canadian Charter ofRights and Freedoms: Regulating
and Litigating Conscientious Refusals in Health Care >> (2017) 11 : 1 RD & sant
                               McGill S1.

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