In Canada, as in many developed countries, healthcare conscientious objection is growing in visibility, if not in incidence. Yet the country's health professional policies on conscientious objection are in disarray. The article reports the results of a comprehensive review of policies relevant to conscientious objection for four Canadian health professions: medicine, nursing, pharmacy and dentistry. Where relevant policies exist in many Canadian provinces, there is much controversy and potential for confusion, due to policy inconsistencies and terminological vagueness. Meanwhile, in Canada's (...) three most northerly territories with significant Aboriginal populations, whose already precarious health is influenced by funding and practitioner shortages, there are major policy gaps applicable to conscientious objection. In many parts of the country, as a result of health professionals' conscientious refusals, access to some legal health services – including but not limited to reproductive health services such as abortion – has been seriously impeded. Although policy reform on conscientious conflicts may be difficult, and may generate strenuous opposition from some professional groups, for the sake of both patients and providers, such policy change must become an urgent priority. (shrink)

A model policy for conscientious objection in medicine.

Nova Scotia’s recently updated Involuntary Psychiatric Treatment Act signii cantly updated mental health law in the province in many respects. However, s.39 of the Act deviates from this record in that it contains a clause that permits overriding the competent prior wishes of involuntarily committed psychiatric patients. This is problematic because it displaces established Canadian common law and legislation on advance directives for psychiatric patients but not other patients, suggesting possible discrimination The paper explores whether s.39 might survive challenge under (...) s.15 of the Canadian Charter of Rights and Freedoms, as either an ai rmative action program under s.15 of the Charter or as an overriding societal concern under s.1 of the Charter. (shrink)