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Correspondent:

NOVA SCOTIA MINISTRY OF HEALTH


 
June 8, 1998

John Antonopoulos
President
Circumcision Information Resource Centre

Dear Mr. Antonopoulos:

Thank you for your letter of May 27, 1998 concerning your Centre.

I am aware of the issue of male genital mutilation. I appreciate the work your Centre is doing around this and support the concept of a symposium to look at the medical and ethical issues around the practice of circumcision.

Yours sincerely,
 
[signed]
 
Jim Smith, MD, MLA
Minister of Health
 


April 19, 2000

The Honourable Jamie Muir
Minister of Health

Dear Minister:

I am writing to seek your assistance in a matter concerning the College of Physicians and Surgeons. In the course of correspondence that has lasted over six months, I have asked the College specific questions related to the ethical, legal, and human rights implications of infant male circumcision. The College has repeatedly declined to answer these questions, though they concern matters that come within the College's purview under the provisions of the Medical Act.1

It is my understanding that the Medical Act is administered by the Minister of Health. Would it be possible for you to contact the College in writing and request that they answer my questions? There are two specific inquiries to which I would like a response:

  1. Can the College provide assurance that it is ethical for members of the College to remove normal tissue from non-consenting persons for non-therapeutic purposes?
     
  2. Does the College believe that parents have the legal authority to consent to invasive surgical interventions being performed on their children for non-therapeutic purposes? If so, could the College please cite supporting Canadian case law, or provide a reasoned argument.
I would very much appreciate your assistance in obtaining responses to the above queries. For your information, I enclose a copy of the chain of correspondence I have had with the College.

1 The College must "establish, maintain and develop standards of professional ethics among its members." Chapter 10 of the Acts of 1995-96, [The Medical Act], section 4(3)(d).

Yours sincerely,
 
[signed]
 
Mary C. Taylor
 


May 17, 2000

Dear Ms. Taylor:

Thank you for your letter of April 19, 2000 in which you request that I ask the College of Physicians and Surgeons to respond to your questions regarding male circumcision.

I reviewed the correspondence between you and the College that you had provided. Dr. Pearce's letter of November 22, 1999 indicates that the College

...does not feel that it constitutes professional misconduct for a physician licensed in Nova Scotia to perform a legal medical act such as male circumcision.
Although the Medical Act is "administered" by the Department of Health, this means that the government approves the College's legislative structure. However, the College is a self-regulating body that is not under the auspices of the Department of Health.

It seems that the College feels that they have answered your questions and they have "said all [they] can say in this matter." I am afraid that I cannot force them to say more.

Thank you for bringing this matter to my attention.

Yours truly,
 
[signed]
 
Jamie Muir
Minister of Health
 


July 24, 2000

The Honourable Jamie Muir
Minister of Health

Dear Minister:

In a letter dated May 17, 2000 you informed me that you could not compel the College of Physicians and Surgeons of Nova Scotia to respond to my questions concerning infant male circumcision.

A friend of mine in British Columbia, Mr. D ennis H arrison, has had the same problems as I have had in obtaining answers from the provincial College of Physicians and Surgeons. Mr. H arrison, however, had little difficulty in enlisting the support of the provincial health minister. I enclose a copy of a letter dated June 21, 2000 to Mr. H arrison from Mr. Alan Moyes, Director of Health Legislation and Professional Regulation in the B.C. Ministry of Health. Mr. Moyes asks the College of Physicians and Surgeons of British Columbia to try to expedite a response to Mr. H arrison's questions concerning infant male circumcision.

As you are aware, subsection 4(3) of Chapter 10 of the Acts of 1995-96, the Medical Act, imposes a duty on the College of Physicians and Surgeons of Nova Scotia to "establish, maintain and develop standards of professional ethics among its members" in order that "the public interest may be served and protected."

Is the public interest served and protected if the College repeatedly declines to answer reasonable questions submitted by citizens? Surely the College should be able to explain why infant male circumcision is a "legal medical act" and what ethical principles allow members of the College to operate on non-consenting persons without apparent medical justification.

I hope that you will reconsider your earlier response and that you will assist me in obtaining a reasonable reply from the College of Physicians and Surgeons. I ask that you send a copy of this letter to the College along with a request that they provide candid and complete responses to the following questions:

  1. Can the College provide assurance that it is ethical for members of the College to remove normal tissue from non-consenting persons for non-therapeutic purposes?
     
  2. Does the College believe that parents have the legal authority to consent to invasive surgical interventions being performed on their children for non-therapeutic purposes? If so, could the College please cite supporting Canadian case law, or provide a reasoned argument.

Sincerely,
 
[signed]
 
Mary C. Taylor

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