OTTAWA – Tomorrow the Supreme Court of Canada (SCC) will release its decision in the
Cuthbertson v. Rasouli case, a case in which The Evangelical Fellowship (EFC) of Canada intervened. The case will determine whether physicians are required to obtain consent from a patient, or their substitute decision maker if the patient is incapacitated, before withdrawing life support. Don Hutchinson, Vice-President and General Legal Counsel with the EFC will be available for comment immediately following the legal counsel lock-up, in the lobby of the Supreme Court, at 9:45 a.m.
“This decision will impact not only how we treat seriously ill Canadians, but also whether we as a society value their wishes and their sincerely held religious beliefs,” explains Hutchinson.
The case is about an Ontario man 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began, his physicians determined that he was in a persistent vegetative state, had no hope of recovery and should be withdrawn from life support.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 Mr. Rasouli from life support. The Ontario courts ruled that 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 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.
“Patient wishes must be considered in regard to their medical care,” continues Hutchinson. “In this case, Mr. Rasouli and his family also hold religious beliefs about life, and believe that life should be respected until all signs of life are gone. The family wants Mr. Rasouli’s beliefs considered and are satisfied that the matter be heard by the Consent and Capacity Board.”
EFC Legal Counsel Faye Sonier adds, “This is not a family versus doctor tension. This is about recognizing the right of the patient to decide to accept or reject medical treatment based on a decision made from the perspective of his worldview or framework of reference about life. Most physicians are not trained to consider non-medical factors such as sincerely held religious beliefs and philosophical values of patients. When disagreement arises, the Consent and Capacity Board is the legislated venue to consider these factors and make these decisions.”
“The role of religious beliefs in this case must be a point of concern for all Canadians who may find their beliefs – or those of their family members – under-valued or even dismissed as they attempt to make critical end-of-life decisions in a culture where the value of life or a life worth living is evolving,” states Hutchinson.
Don Hutchinson will be available for comment after release of the decision through the contacts noted below.
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For more information or an interview contact:
Anita Levesque, Media Relations
The Evangelical Fellowship of Canada
(613) 233-9868 x325
MediaRelations@theEFC.ca