The Archbishop of Montreal asks the court to invalidate the recent addition to the law which obliges all palliative care homes to offer medical assistance in dying, the Act respecting end-of-life care: such a provision would be contrary to freedom of religion, and therefore unconstitutional. The high ecclesiastical authority thus seeks to prevent a Catholic place of worship converted into an end-of-life care home, on land still belonging to the Church in Montreal, from being forced to offer a procedure contrary to its values and to “the law of God”.
This legal request, which targets the Quebec government, was filed Monday in Montreal. The duty obtained a copy.
“We ask the Court to recognize that it is contrary to our freedom of religion and conscience guaranteed by the Canadian and Quebec Charters to require that, on our property, acts be committed which are, in our eyes, morally unacceptable “, declared the Archbishop of Montreal, Christian Lépine.
An exemption to the Act was requested from the Minister of Health last September, but it was refused, it is alleged.
Faced with this failure, legal action was taken so that the Law could be “reconsidered”, declared Mr.gr Lépine in telephone interview with The duty, from Rome, where he was on Monday. In summary, it is requested to allow palliative care homes to refuse to administer medical assistance in dying, as is already permitted to health professionals who cite their personal convictions.
We can read in the legal proceedings that the Charities of the Roman Catholic Archbishop of Montreal own land in Montreal, including one on which a church was built in the borough of Côte-des-Neiges.
When it closed in 2008, the archbishop explains that he then looked for a project for this church that could benefit the Montreal community. Saying he was concerned about the fate and suffering of people at the end of their lives, he encouraged and supported — with former parishioners, donors and Catholic volunteers — its conversion into a palliative care home.
Because the number of such houses remains “modest” compared to needs, underlines the archbishop in an interview. He says he wants to offer support homes, for example, for people suffering from cancer. “We may not be meeting all the needs,” he agrees, referring to those who wish to obtain medical assistance in dying, “but we are doing our little part. »
A crucial clause
To carry out this multi-million dollar project, a non-profit community organization was created, and the St-Raphaël Palliative Care House was created in 2019. The organization was granted a lease of 100 years — for an annual rent of $1 — with a series of conditions, including this one: medical assistance in dying cannot be administered there.
Without this clause, the Archbishop of Montreal would not have signed the lease, it is alleged.
“Because of its beliefs regarding the sacred and inviolable character of human life and its inalienable dignity”, the Church opposes “any form of euthanasia, including the procedure of medical assistance in dying “, we can read in the procedure.
At the time of signing the lease, the Law allowed Maison St-Raphaël to choose whether or not to offer medical assistance in dying on its premises. However, the legislation changed last summer and now prohibits excluding it from the service offering.
Mgr Lépine agrees in an interview that the subject is “delicate” in society. But for him, this new situation is untenable: either he must give up supporting the Maison St-Raphaël, or he must accept that his property, a former church, is used to commit acts that are “morally unacceptable.” »
Questioned on this subject, he denies trying to open a breach in the consensus widely achieved in Quebec society on medical assistance in dying. He replies that we must, however, respect everyone’s freedom of conscience, including those of the former parishioners who set up the project, with the help of donors and volunteers who shared the same convictions.
The archbishop believes that community organizations should not be discouraged from acting for the good of the community. These, which are not public establishments, it is emphasized, should have the right to choose their own mission, without it being hijacked by the State.
“It’s important that people have this feeling of freedom rather than, quote, having measures that use what they have done for other purposes. »
The Law also contravenes another right protected by the Quebec Charter, which supports the archbishop’s requests: it is the one which establishes, for an owner, the right to peaceful enjoyment and free disposal of his property. .
Through his legal request, the archbishop wishes a reprieve, that is to say that the article of law at the heart of the dispute is not applied until a judgment on the merits of his challenge which aims to have it invalidated. It may be years before the trial in this case is heard by a judge. The request for a stay should be presented quickly, in the coming days.
He argues that his requests will not harm access to medical assistance in dying because it is available elsewhere. In addition, Maison St-Raphaël has entered into an agreement with the CIUSSS du Centre-Ouest-de-l’Île-de-Montréal, which provides for a mechanism by which patients can be transferred to another of its establishments if they wish to obtain medical assistance in dying, it is specified in the procedure.