Archdiocese of Montreal sues Quebec government over MAiD forcing hospice – BC Catholic

Montreal Archbishop Christian Lepin has hosted Quebec's attorney general in what could be a landmark event for religious and conscience rights in Canada.

In an appeal for judicial review filed Feb. 5 with the Quebec Superior Court, Archbishop Lepine asked for the immediate suspension of the amendment to the End-of-Life Care Act that requires palliative care hospices to provide medical care. Die (Servant).

The June 2023 amendment states that “no palliative care hospice may exclude medical care in dying from the care they provide.”

The palliative care center that Archbishop Lépine wants to protect raises big questions about the future of the joint charity work of the Saint Raphael House in Montreal and the day care center for palliative care, but the call cannot act in conscience.

“Keeping the provision in question … could have a paralyzing effect on all religious groups who want to engage in society through voluntary work or charity while respecting their faith and beliefs,” the appeal said.

Citing section 2A of the Canadian Charter and section 3 of the Quebec Charter, it asserts that “legislative amendments without regard to their mission and values ​​would seriously impede the exercise of the right to liberty” in forcing the practice of MAiD in all hospices. about religion and conscience.”

The appeal further stated that the practical effect of the amendment would be to take the church building into state ownership for the administration of MAiD. Attorneys for Ladner and Gervais, representing the archbishop, argued that Sec. It is assumed that it will break. Article 6 of the Quebec Charter guarantees the “peaceful enjoyment and free exercise of property.”

The English-speaking parish of Archangel Raphael closed its doors in 2009, but church and community stakeholders have worked together to develop the property's future as a 12-bed palliative care residence and Quebec's first palliative day center.

The archdiocese and the board of the newly formed community organization Maison Saint-Raphaël signed a 75-year lease in 2016, making the land and buildings available to the center. The archdiocese receives a “symbolic annual rent of one dollar.” According to the appellant, the “terms sine qua non” of the emphytheutic lease was that the facility would never be controlled by MAiD.

Archbishop Lepin told the Catholic Register that he took up the issue “because the parish came to me and said we are no longer going to be a parish, but we want to use the church in a palliative context. care. So I said, “Okay, that's a good reason.”

He said the key lease clause was “an easy thing to ask because everybody wants it. That's what people wanted. This parish wanted. That was the pastor's wish, that was the wish of the original founding committee.”

“It starts as a small gesture for this particular institution. Maybe this will help others, because this is not just a palliative care issue, it's a freedom of conscience issue. We talk about palliative care and MAiD because the law is related to these issues. But it is really freedom of conscience not only for individuals, but also for institutions,” said Archbishop Lepin.

“That's what we're hoping to do moving forward. No matter who we are, we need a society with freedom of conscience for people and institutions. It is the promotion of the common good. It's good for everyone. There will be a process, a trial, to decide, but at least we will do our part to promote justice, freedom of religion and freedom of conscience.”

The lawsuit establishes a historical and moral connection between St. Raphael and the Archdiocese of Montreal. A court date has not been set.

The appeal notes that “the Archbishop's support for the Maison Saint-Raphaël project aims to improve access to quality end-of-life care for the Montreal community while reflecting and respecting Catholic beliefs in this area.”

When the hospice opened in 2019, an agreement was also signed with the local health authority, which clearly stated that Saint-Raphaël did not offer MAiD, but stated “the obligations of the parties when a patient of Maison Saint-Raphaël requests this service” … and, if necessary, to perform this procedure on the patient send to CIUSSS (Centre intégré de santé et de services sociaux) for In other words, the palliative care center always had a system in place to ensure that patients requesting MAiD were “immediately” transferred to a local facility.

In addition, the lawyers note that St. Raphael's is “a public organization, not a public health institution” under the Quebec Health Act and “is free to determine its directions, policies and procedures, even if it accepts public admissions.” financing”.

The appeal indicates that at the request of Archbishop Lépin, Saint Raphael submitted a request for exemption to the Quebec Minister of Health on September 12, 2023. On November 14, Health Minister Sonia Belanger rejected the request, saying MAiD was “a form of care”. is part of the continuum of palliative and end-of-life care and it is important that all users who want this care can access it in all settings that offer end-of-life care. No deviation will be allowed for this purpose.”

The bottom line, according to the petition, is that “petitioners face an intractable dilemma.”

“Either refuse to support Mason St. Raphael and thereby refuse a project that demonstrates the faith and commitment of the Catholic community, or allow them to use the property of their former church to do things they find morally objectionable. activities.

“In this way, the state effectively usurps the intent of the founders and donors and the mission of the former church, which we graciously hand over to a public organization.”

Canadian Catholic News

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