NO ONE RIGHT IS MORE IMPORTANT THAN ANOTHER: TESA OP-ED
:FOR IMMEDIATE RELEASE – Wednesday, August 26, 2020 -- ALBERTA
Last weekend, Mr. Erin O'Toole won the Conservative Party of Canada leadership vote. Leading up to this vote, he released his Leadership Campaign Platform, which stipulate that his government would do the following, if elected to govern Canada.
“Through legislation, protecting the conscience rights of all health care professionals whose beliefs, religious or otherwise, prevent them from carrying out or referring patients for services that violate their conscience.”
The Trans Equality Society of Alberta (TESA), who’s mission is to be a witness to and a voice for matters concerning trans Albertans, strongly advocated on behalf of all Albertans, on previous tabled provincial legislation (Bill 207: Conscience Rights (Health Care Providers Protection Act)), including speaking before the Standing Committee on Private Bills and Private Members' Public Bills, on November 21, 2019. TESA, on behalf of Trans Albertans, was thankful that this legislation did not proceed.
As TESA has publicly stated that conscientious rights are important, and they are already enshrined in Canadian law. The Canadian Charter of Rights and Freedoms, federal and provincial Human Rights legislation, and courts have recognized that no rights are absolute. No one right is more important than another right; and there is no hierarchy of protected grounds.
When our rights come into conflict with each other’s rights, we must always ask ourselves: where does the greater harm lie? Does it cause more harm to ask a health care provider to provide a timely and effective referral for a procedure, or is there a greater harm to deny a patient that timely and effective health care based on moral objections the health care provider may have?
Denying relevant medical treatment based on conscience rights will lead to meaningless deaths and suffering; especially to those who are most vulnerable in our communities. This would amount to nothing more than legalized, government-sanctioned discrimination.
The fundamental principles for elected governments is to represent all as equals under the law. Governments exist to provide parameters for everyday behaviour for all citizens; to protect them from outside interference; and to provide for their well-being.
Mr. O’Toole’s platform statement is contrary to that. In addition, in a speech that Mr. O'Toole delivered early Monday, he said “I believe that whether you are Black, white, brown or from any race or creed, whether you are LGBT or straight, whether you are an Indigenous Canadian or have joined the Canadian family three weeks ago or three generations ago, whether you're doing well or barely getting by ... you are an important part of Canada and you have a home in the Conservative Party of Canada.” How is it possible to have a home in your party where some Canadians are held more equal or have more rights than others? Human Rights are equal rights. Allowing one person to hold their conscience rights above someone else’s is inequality.
TESA hopes that current and future governments in Canada, our provinces and territories remember these words when they are campaigning for votes during election campaigns and/or when they are elected to office.
Stephanie Shostak
Board Member and Treasurer
on behalf of the
Trans Equality Society of Alberta
More information about TESA can be found at http://www.tesaonline.org
Please also see:
Bill 207: Conscience Rights (Health Care Providers) Protection Act https://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_30/session_1/20190521_bill-207.pdf
Erin O'Toole Conservative Party of Canada Leadership Campaign Platform
https://erinotoole.ca/platform/
TESA's presentation to the Standing Committee on Private Bills and Private Members' Public Bills, on November 21, 2019
http://www.tesaonline.org/tesa-on-bill-207-presentation-to-the-legislative-assembly-of-alberta-committee-on-private-bills--private-members-public-bills.html
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Last weekend, Mr. Erin O'Toole won the Conservative Party of Canada leadership vote. Leading up to this vote, he released his Leadership Campaign Platform, which stipulate that his government would do the following, if elected to govern Canada.
“Through legislation, protecting the conscience rights of all health care professionals whose beliefs, religious or otherwise, prevent them from carrying out or referring patients for services that violate their conscience.”
The Trans Equality Society of Alberta (TESA), who’s mission is to be a witness to and a voice for matters concerning trans Albertans, strongly advocated on behalf of all Albertans, on previous tabled provincial legislation (Bill 207: Conscience Rights (Health Care Providers Protection Act)), including speaking before the Standing Committee on Private Bills and Private Members' Public Bills, on November 21, 2019. TESA, on behalf of Trans Albertans, was thankful that this legislation did not proceed.
As TESA has publicly stated that conscientious rights are important, and they are already enshrined in Canadian law. The Canadian Charter of Rights and Freedoms, federal and provincial Human Rights legislation, and courts have recognized that no rights are absolute. No one right is more important than another right; and there is no hierarchy of protected grounds.
When our rights come into conflict with each other’s rights, we must always ask ourselves: where does the greater harm lie? Does it cause more harm to ask a health care provider to provide a timely and effective referral for a procedure, or is there a greater harm to deny a patient that timely and effective health care based on moral objections the health care provider may have?
Denying relevant medical treatment based on conscience rights will lead to meaningless deaths and suffering; especially to those who are most vulnerable in our communities. This would amount to nothing more than legalized, government-sanctioned discrimination.
The fundamental principles for elected governments is to represent all as equals under the law. Governments exist to provide parameters for everyday behaviour for all citizens; to protect them from outside interference; and to provide for their well-being.
Mr. O’Toole’s platform statement is contrary to that. In addition, in a speech that Mr. O'Toole delivered early Monday, he said “I believe that whether you are Black, white, brown or from any race or creed, whether you are LGBT or straight, whether you are an Indigenous Canadian or have joined the Canadian family three weeks ago or three generations ago, whether you're doing well or barely getting by ... you are an important part of Canada and you have a home in the Conservative Party of Canada.” How is it possible to have a home in your party where some Canadians are held more equal or have more rights than others? Human Rights are equal rights. Allowing one person to hold their conscience rights above someone else’s is inequality.
TESA hopes that current and future governments in Canada, our provinces and territories remember these words when they are campaigning for votes during election campaigns and/or when they are elected to office.
Stephanie Shostak
Board Member and Treasurer
on behalf of the
Trans Equality Society of Alberta
More information about TESA can be found at http://www.tesaonline.org
Please also see:
Bill 207: Conscience Rights (Health Care Providers) Protection Act https://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_30/session_1/20190521_bill-207.pdf
Erin O'Toole Conservative Party of Canada Leadership Campaign Platform
https://erinotoole.ca/platform/
TESA's presentation to the Standing Committee on Private Bills and Private Members' Public Bills, on November 21, 2019
http://www.tesaonline.org/tesa-on-bill-207-presentation-to-the-legislative-assembly-of-alberta-committee-on-private-bills--private-members-public-bills.html
back to Newsroom | back to About