Abstract

https://ssrn.com/abstract=2851448
 


 



Let Thy Conscience Be Thy Guide (But Not My Guide!): Physicians and the Duty to Refer


Daphne Gilbert


University of Ottawa - Common Law Section

October 12, 2016

McGill Journal of Law and Health 2016 10(2)
Ottawa Faculty of Law Working Paper No. 2016-40

Abstract:     
This article analyses a court challenge brought by a group of physicians and advocacy groups to practice guidelines promulgated by their regulatory body. The guidelines require physicians with conscience or religious objections to providing certain kinds of care to effectively refer patients to a non-objecting physician. The author considers the specific context of abortion and contraception as the location of conscience objections. The author concludes that the Canadian Charter of Rights and Freedoms applies to physicians and requires them to abide by the regulatory guidelines.

Number of Pages in PDF File: 37

Keywords: Charter, medicine, conscience, physicians, abortion, contraception, religion


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Date posted: October 18, 2016 ; Last revised: November 24, 2016

Suggested Citation

Gilbert, Daphne, Let Thy Conscience Be Thy Guide (But Not My Guide!): Physicians and the Duty to Refer (October 12, 2016). McGill Journal of Law and Health 2016 10(2); Ottawa Faculty of Law Working Paper No. 2016-40. Available at SSRN: https://ssrn.com/abstract=2851448

Contact Information

Daphne Gilbert (Contact Author)
University of Ottawa - Common Law Section ( email )
57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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