OTTAWA – The Evangelical Fellowship of Canada (EFC) is pleased with the decision released this morning by the Supreme Court of Canada in the Cuthbertson v. Rasouli case. The decision affirms the place of patient consent and personal beliefs in life-support decisions. It also confirms that physicians are required to obtain consent from a patient, or their substitute decision-maker if they are incapacitated, before withdrawing life support.
“We are pleased that the Supreme Court of Canada has again reinforced the importance of respecting religious beliefs in Canadian society,” says EFC President Bruce J. Clemenger. “The court has made it clear those beliefs must not be undervalued in the making of ethical, potential end-of-life decisions. Treating people with dignity must include respecting the foundational wishes and beliefs of people like Mr. Rasouli and his family, and today the Supreme Court has clearly affirmed this.”
The case relates to an Ontario man, Hassan Rasouli, who became comatose following complications with minor brain surgery. While his condition has reportedly since improved, at the time the legal proceedings began his physicians determined he was in a persistent vegetative state, had no hope of recovery and should be disconnected from life support. His family, including his wife who is a physician, disagreed with the diagnosis and sought an injunction to prevent the physicians from unilaterally removing life support from Mr. Rasouli.
The Ontario courts ruled doctors must obtain consent, either from the patient or his substitute decision-makers, prior to withdrawing medical treatment. If consent is not obtained, the physicians’ option under current Ontario law would be to continue treatment and proceed to the Consent and Capacity Board for a ruling. The Board, provided for under the Health Care Consent Act, is required to hear from both sides and consider the patient’s wishes and beliefs, including religious beliefs, in the process of making a decision. The Supreme Court of Canada today affirmed those rulings.
“The Court has affirmed that the patient’s voice, including that of a substitute decision-maker, is to be heard,” adds EFC Legal Counsel Faye Sonier. “Hearing the patient’s voice has been stated by the Chief Justice as including respectful consideration of Mr. Rasouli’s prior expressed wishes and his beliefs, before any removal or substitution of medical treatment.”
“The decision should ease the consciences of patients, substitute decision-makers and physicians in processing such difficult ethical decisions,” says EFC Vice-President and General Legal Counsel Don Hutchinson. “In essence, physicians offer their best counsel, and then any conflict with the patient or substitute decision-maker is to be referred to the Consent and Capacity Board for guidance. The Board is charged and equipped to give full consideration to the patient’s wishes and religious beliefs in the process of rendering a decision concerning someone like Mr. Rasouli who is in an extremely vulnerable stage of life.”
“As the Supreme Court explained in today’s decision, to go outside the dispute resolution process managed by the Board, as was proposed by the Mr. Rasouli’s doctors, could ‘heighten the vulnerability of incapable patients, since the legal burden would be on family or friends to initiate court proceedings to prevent the withdrawal of life support,’” says Hutchinson.
“The existing legal framework in place to address the needs and care of Ontarians under life-sustaining medical treatment best protects these vulnerable citizens, with the legal requirement to ensure their values, beliefs and best interests are carefully taken into consideration.”
The EFC is hopeful provinces and territories without similar legislative measures will act to establish them, relieving families of the expense and pressure of having to pursue similar medical disputes through the court system.
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For more information or an interview contact:
Rick Hiemstra, Director of Media Relations
The Evangelical Fellowship of Canada
(613) 233-9868 x332
MediaRelations@theEFC.ca