Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario [2019] ONCA 393
Two policies required Ontario medical professionals to refer their patients to alternative health care providers, even if the medical professionals conscientiously objected on religious grounds to providing the health care.
There were two key issues in this case:
Did the mandatory referral policies infringe the right to freedom of religion? If so, were the means chosen to limit the right demonstrably justified?
Were the mandatory referral policies discriminatory?
The Ontario Court of Appeal balanced the rights of patients to access equitable health care with the rights of physicians with religious convictions and held that:
While the policies infringed the right to religious freedom, this was justified and reasonable in the circumstances; and
The policies did not discriminate against physicians with a religious belief.