Doctors have to give referrals for services they oppose, Ontario's highest court rules
In a unanimous ruling, a three-judge panel dismissed an appeal seeking to overturn a divisional court decision that upheld the requirement for an "effective referral," an effort to connect patients with another, willing health-care provider.
"While the solution is not a perfect one for some physicians, such as the individual appellants, it is not a perfect one for their patients either. They will lose the personal support of their physicians at a time when they are most vulnerable.""They strike a reasonable balance between patients' interests and physicians' Charter-protected religious freedom. They are reasonable limits prescribed by law that are demonstrably justified in a free and democratic society.
"For many, their religious and conscience rights are being violated and they won't be able to practise medicine in Ontario." In the appeal, the group of doctors argued the ruling was unreasonable because it gave more weight to an assumed problem with access to health care than to a real infringement of doctors' rights.
The group also introduced new evidence in the appeal, arguing Ontario's Care Co-ordination Service meant to help navigate the assisted dying process was now accessible to the public rather than only physicians and could thus replace an effective referral. "It is impossible to conceive of more private, emotional or challenging issues for any patient," the appeal court wrote. "Given the importance of family physicians as 'gatekeepers' and 'patient navigators' in the health-care system, there is compelling evidence that patients will suffer harm in the absence of an effective referral."
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