Institutional Conscientious Objection to Medical Assistance in Dying in Canada: A Critical Analysis of the Personnel-Based Arguments

Debate rages over whether Canadian provincial and territorial governments should allow healthcare institutions to conscientiously object providing medical assistance in dying (MAiD). This issue is likely end up court soon through challenges from patients, clinicians, or advocacy groups such as Dying With Dignity Canada. When it does, one key question for the courts will be allowing institutional conscientious objection (ICO) MAiD respects (i.e., shows due regard for) consciences of objecting institutions, understood unitary entities. has been thoroughly explored elsewhere academic literature. However, another underexplored. Specifically, precedent set by Supreme Court Canada’s decision Loyola High School v. Quebec (Attorney General) suggests that consider ICO personnel within institutions. My answer this no, which I mean undue disregard some others. To justify answer, analyze arguments hold conclusion none these personnel-based succeed case MAiD. Some fail because they are wrong about nature conscience complicity. Others contradict arguments’ proponents’ positions on individual providers. Still others internally inconsistent.