The applicants, including several religious physicians and organizations, challenged two policies of the College of Physicians and Surgeons of Ontario that require physicians who object to providing certain medical services (such as abortion or medical assistance in dying) on religious or conscientious grounds to provide an 'effective referral' to a non-objecting provider.
The applicants argued these policies infringed their rights to freedom of religion and equality under the Charter.
The Divisional Court held that while the effective referral requirements did infringe the physicians' freedom of religion under s. 2(a) of the Charter, the infringement was justified under s. 1 as a reasonable limit to ensure equitable access to healthcare for patients.
The court dismissed the applications.
