Radio-Canada reported Wednesday that a 24-year-old woman said that a Jean Coutu pharmacist in the municipality of Chicoutimi refused to sell the emergency oral contraceptive because doing so did not “align with his values.” Finally, she went to another pharmacy to get the pill. The woman wished to remain anonymous for fear of retaliation. Asked if the pharmacist was justified in his actions, human rights lawyer Julius Gray says a person cannot be forced to act against their beliefs. “A person’s conscience should be respected unless there is an absolutely compelling reason [for it not to be]”, he said. “We consider all other things – equality, justice, etc. – to be more important than conscience. But consciousness is a fundamental thing.” According to Section 3 of the Quebec Charter of Human Rights and Freedoms, “Everyone is entitled to fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and of freedom of association. .”

Rights balancing

Gray says the importance of consciousness should not be underestimated. But like most freedoms, there can be limits. For example, Gray says if that pharmacy was the only one in the area where the pill could be obtained, then the pharmacist might be forced to prescribe it. “You’re balancing one person’s rights to liberty and equality against the rights to liberty and equality of another,” Gray said. “But if there’s another pharmacy next door or another pharmacist works with them, they might say ‘I don’t want to do that.’ To explain that the pharmacist acted within his rights, Gray also pointed to Section 7 and Section 15 of the Canadian Charter of Rights and Freedoms, which discuss liberty interests and equality rights. Pearl Iliadis, a human rights lawyer and associate professor at the Max Bell School of Public Policy, notes that the woman was entitled to receive the morning-after pill when she asked for it and in a way that adhered to the schedule to ensure a safe medical procedure. The emergency oral contraceptive pill should be taken 12 to 24 hours after intercourse for maximum effectiveness, according to Familiprix, a Canadian group of independent pharmacists. He says the pharmacist had a duty of care to make sure the woman received the necessary medical service. Both Iliadis and Gray say companies should screen pharmacists to see if they have beliefs, religious or otherwise, that would prevent them from fulfilling their legal obligations. Having those conversations with staff would allow pharmacies to plan accordingly, they said. Iliadis added that although women’s rights and secularism are integral parts of Quebec society, a patient can be denied medical services because of a health care provider’s personal beliefs. “How have we spent all this political energy to make sure that women seeking … certain public positions cannot wear religious dress when it is required by their religion, which does not affect anyone’s rights in any way? ” he said. “Surely it would be possible for the pharmacist to not express his opinion and just say, ‘let me get you another colleague.’

Procedures in place

Radio-Canada reported that pharmacist Jean Coutu acknowledged the incident was not the first time he had refused to prescribe emergency oral contraception. But Marie-Claude Bacon, a spokeswoman for Metro, which owns Jean Coutu, called the account “speculative” in an email to the CBC. The situation unfolded at this Jean Coutu pharmacy on Talbot Boulevard in Chicoutimi, near Saguenéens Street. (Roby St-Gelais/Radio-Canada) He said most of the company’s pharmacies already have mechanisms in place that allow customers to receive services from another professional on site or, when the pharmacist is alone on duty, “as soon as possible at another of the nearby pharmacies.” The company declined to comment on what procedures are in place to serve customers and how employees would be reprimanded if they did not help them obtain the pill by other means after refusing to prescribe it themselves. Gisèle Dallaire, the coordinator of the Table de Concertation des Groupes de femmes au Saguenay-Lac-Saint-Jean, says that while pharmacies should take into account the comfort levels of their employees, businesses should clearly state where and how they can women get the service to avoid wasting time. “It says it in the name. It’s an emergency,” Dallaire said. “Once you make the decision for a woman too, it’s not an easy decision…you don’t want to stay any longer.” “It shouldn’t be the customer who needs to adapt, but the pharmacist [who should] adapt and be ready to serve.”