On Parliament Hill

Protecting Conscience Rights

  • Ted Falk, Author
  • Member of Parliament, Provencher

The Canadian Charter of Rights and Freedoms establishes freedom of conscience and religion as a right of all Canadians. The Charter is right to recognize the importance of deeply-held convictions as these are the basis on which all other freedoms flourish. For example, what good is freedom of expression if you can’t express your innermost beliefs?

This is why it matters that conscience rights are given due consideration when any piece of legislation is proposed by a government. In the case of the Liberal Government’s physician-assisted suicide (PAS) bill, Bill C-14, freedom of conscience is not getting the attention it deserves.

Forcing physicians and other health care workers to participate in PAS is not in the spirit of the Charter. If physicians were forced to give effective referrals despite their consciences, Canada would be the first and only jurisdiction in the world that would take such a dogmatic approach. There are better models that would protect physicians’ conscience rights and provide the necessary medical services.

I sit as the Vice-Chair of the Standing Committee on Justice and Human Rights – the Committee tasked with examining Bill C-14 and improving it. We presented an amendment that would have provided meaningful protection for individuals and institutions that do not want to participate in PAS for reasons of conscience. I and my Conservative colleagues on the Committee also sought to ensure that no one would be forced to provide or refer for PAS. But we were met with excuses. The Minister of Justice insisted that this was a provincial matter while knowing full well that similar federal legislation had conscience protections enshrined within it. Unfortunately, the Liberals only accepted an amendment that merely discussed them.

Conscience protection is too important to ignore. It’s important to physicians and health care workers, but regular Canadians care about this issue deeply too. This was on full display as Conservatives met in Vancouver and voted in favour of ensuring that robust conscience protections are part of party policy. Adding conscience protections to this legislation will not hurt health care in any way. Ensuring that the rights of all Canadians are protected will strengthen our democracy and affirm the rights we have.