Canadians are grappling with one of the most difficult legal issues we have faced in decades: our collective responsibility to facilitate medically assisted death for those who choose it and satisfy the legal criteria. Since the Supreme Court decided in 2015 that Canadians have a Charter-protected right to a dignified death of their choosing, governments, doctors, hospitals and citizens have struggled to accept and move forward with a workable regime. One of the biggest impediments, however, is institutional resistance. Hospitals that claim a right to conscientious objection may well prove the Achilles heel in government efforts to breathe life into a right to die.<\/p>\n
Catholic hospitals, which are publicly funded, take the position that as institutions they have religious rights under the Charter of Rights and Freedoms. This position was recognized by some Supreme Court judges in a 2015 case known as Loyola High School v Quebec. Three judges concluded that a religious institution, as a collective, could claim a right to freedom of religion under Section 2(a) of the Charter. However, the three judges added a key caveat to this conclusion: \u201c\u201d\u00a6 an organization meets the requirements for s. 2(a) protection if (1) it is constituted primarily for religious purposes, and (2) its operation accords with these religious purposes.\u201d\u009d Publicly funded hospitals do not satisfy this test and therefore have no claim to freedom of religion.<\/p>\n