Archdiocese of Montreal sues Quebec government over hospice-forced MAID – Catholic World Report

Vancouver, Canada, February 9, 2024 / 14:30 (CNA).

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

In a judicial review appeal filed Feb. 5 with the Quebec Superior Court, Lépine requested an immediate halt to the application of an amendment to the End-of-Life Care Act that requires palliative care hospices to provide medical care at the time of death. (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 Lepin 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 appeal cannot act in conscience.

“Sustaining the provision in question … could have a paralyzing effect on all religious groups who seek 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 “the legislative amendment would seriously impede the exercise of the right to liberty without regard to their mission and values” in mandating the practice of MAID in all hospices. about religion and conscience.”

The appeal went on to say that the practical effect of the amendment is to take the church building into state ownership to run the MAID. Ladner, who represents the archbishop, and lawyers for Gervais argue that this violates section 6 of the Quebec Charter, which guarantees “the peaceful enjoyment and free administration 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 Appellant, the emphythetic lease is a “condition sine qua non” that the facility never operates MAID.

Lepine 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 the context of palliative 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 wish expressed by the pastor, 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 are talking about palliative care and MAID because the law deals with these issues. But it's really freedom of conscience not only for individuals, but also for institutions,” said Lepin.

“That's what we hope to promote. 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 noted that “the archbishop's support for the Maison Saint-Raphaël project is aimed at improving the Montreal community's access to quality end-of-life care while reflecting and respecting Catholic beliefs in this area.”

When the hospice opened in 2019, an agreement was signed with the local health authority that clearly stated that St. Raphael did not offer MAID, but stated “the obligations of the parties when a patient of Maison St. Raphael requests this service” … and, if necessary, to have the patient undergo this procedure. Send to CIUSSS (Centre intégré de santé et de services sociaux). In other words, the palliative care center has always had a system in place to ensure that MAID-seeking patients are “immediately” transferred to a local facility.

In addition, the lawyers note that under Quebec's health law, St. Raphael's is “a public entity, not a public health institution” and that it is free to “determine its orientations, policies and procedures, if at all.” receive state funding”.

The appeal shows that at Lepin's request, St. Raphael filed an exemption request with Quebec's health minister on Sept. 12, 2023. On November 14, Health Minister Sonia Belanger rejected the application, calling MAID “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 intention of the founders and donors and the mission of the former church, which we graciously achieve in public organization.”

This was an article originally published in The BC Catholic from Canadian Catholic News and is reprinted here with permission.