Health Law Journal

An academic journal featuring medical-legal articles. Presents emerging issues in law and social policy affecting Canada.

Articles

Vol. 19, Annual

Regulating Public Health Risks: Case Studies of Food Allergens and Transfusion Transmissible Infections
I. Introduction Organizations that have a responsibility for safeguarding the health of others perform a function as public health policy makers. Such organizations must identify, evaluate, and address, as appropriate, risks to the health of those...
Read preview Overview
Entering the Abyss: The Resident's Standard of Care
Introduction Medical residency is a legally complex and problematic issue. Uncertainty surrounding this topic is attributed to a lack of coherence and understanding in defining the resident. From one perspective, the resident is viewed as a physician....
Read preview Overview
Commentary: An Examination of the Public Justifications for the Expansion of Canadian Naturopaths' Scope of Practice
Introduction The popularity of naturopathic medicine has recently increased among Canadians. (1) In 1997, about 39 percent of Canadians had visited a naturopath in the previous twelve months, and by 2006 this number increased to 49 percent. (2)...
Read preview Overview
Intellectual Property and Biomedical Innovation in the Context of Canadian Federalism
I. Introduction The future of Canadian health care is being shaped by biotechnology. New technologies are providing patients with earlier diagnoses and superior treatment options. At the same time, developers of these technologies are seeking ways...
Read preview Overview
How to Build (and Regulate) a Body Part: Regulating Tissue Engineered Products in Canada
Efforts to replace or repair human tissues go back hundreds of years, (2) but recent developments in biomedical and engineering sciences have made possible a new generation of technologies, creating the multidisciplinary field of "tissue engineering."...
Read preview Overview
Clinical Practice Guidelines and the Legal Standard of Care: Warnings, Predictions, and Interdisciplinary Encounters
Introduction Medical malpractice is an increasingly complex area of law, largely due to the intersection of law and science that it demands. There is ongoing debate over the appropriate role that science should play in the legal context, and medical...
Read preview Overview
Reference Re Assisted Human Reproduction Act and the Future of Technology-Assisted Reproduction and Embryo Research in Canada
1. Introduction In Reference Re Assisted Human Reproduction Act, (1) a split Supreme Court of Canada ruled that several provisions of the federal legislation governing assisted human reproduction and embryo research were ultra vires Parliament and...
Read preview Overview
An Australian Perspective on the Doctor-Patient Relationship: A Comparative Prelude to Examining Duties of Disclosure in Surgical Innovation
Surgical innovation presents a vital, albeit controversial, platform for scholarly discussion in health law and ethics. As recently observed in the Lancet, (1) many crucial medical advances, including organ transplantation, hip replacement and substituting...
Read preview Overview

Vol. 18, Annual

Regulation of Patient Management Software
1 Introduction Faced with rising service costs and aging populations, governments and health care organizations in North America and Europe have little choice but to improve the efficiency and efficacy of medical care delivery. While culprits abound,...
Read preview Overview
Limiting Donation after Cardiac Death: Questions on Consent
I. INTRODUCTION In an effort to overcome a virtually insurmountable organ shortage, various organ procurement organizations, with the support of physicians, have revived an old donation paradigm, "donation after cardiac death" (DCD), without fully...
Read preview Overview
Lost in Translation: The Canadian Access to Medicines Regime from Transnational Activism to Domestic Implementation
Canada was the first country to implement the WTO Decision of August 30, 2003, authorizing the export of generic drugs manufactured under a compulsory license to developing countries in response to a proposal brought forward by non-governmental organizations...
Read preview Overview
Charter Review as a Health Care Accountability Mechanism in Canada
I. Introduction Not surprisingly, given the degree to which Canadians perceive access to health care as a fundamental right, the accountability of the health care system in Canada has become a major health reform issue. With growing debates over...
Read preview Overview
Healthcare Mediation and the Need for Apologies
This article looks at the role apology plays in resolving conflicts between patients and doctors. Patients may have a manifest need for sincere expressions of sympathy, which may ultimately help unblock the conflict situation, and even lead to better...
Read preview Overview
Caveat Emptor, Venditor, et Praescribor: Legal Liability Associated with Methyplenidate Hydrochloride (MPH) Use by Postsecondary Students
INTRODUCTION For years, students have endured the physical and mental stress that comes as a result of the demands of postsecondary education. All-night cramming for exams and marathon paper writing sessions are considered, by many, to be a rite...
Read preview Overview

Vol. 17, Annual

Starson V. Swayze, 2003-2008: Appreciating the Judicial Consequences
1. Introduction When the Supreme Court of Canada decided Starson v. Swayze (1) in 2003, the clinicians, advocacy groups, and scholars clustered around the topic of mental illness in Canada predicted substantial changes. The SCC 6:3 majority took...
Read preview Overview
Factual Causation and Healthcare-Associated Infections
Introduction--The Context Nosocomiat infections have been a reality since the origin of medicine and have been the object of judicial decisions for a long time. Canadian judges have dealt with potential liability arising from healthcare-related...
Read preview Overview
Assisted Reproduction without Assisting Over-Collection: Fair Information Practices and the Assisted Human Reproduction Agency of Canada
Introduction The collection, use and disclosure of information in the context of assisted human reproduction warrant careful consideration. Consider the stories of Charles and Meera. (1) Charles is interested in donating sperm anonymously. Charles'...
Read preview Overview
Futile or Fruitful: The Charter and the Decision to Withhold or Withdraw Life-Sustaining Treatment
1. Introduction Whether from a tragic accident, or a long and protracted illness, there can come a point where health care practitioners, spouses, parents or other family members must decide whether potentially life-sustaining treatment should be...
Read preview Overview
Cancer Surveillance in Canada: Analysis of Legal and Policy Frameworks and Tools for Reform
Introduction Progress in cancer prevention and treatment depends on the collection and analysis of reliable information about the incidence, risk factors, and progression of cancer in the Canadian population. Every jurisdiction in Canada has a public...
Read preview Overview
The Manitoba College of Physicians and Surgeons Position Statement on Withholding and Withdrawal of Life-Sustaining Treatment (2008): Three Problems and a Solution
Introduction The College of Physicians and Surgeons of Manitoba (CPSM) recently issued a Statement on Withholding and Withdrawal of Life-Sustaining Treatment (2008). (1) The College should be given enormous credit for trying to provide guidance...
Read preview Overview
Canadian Mental Health Law: The Slow Process of Redirecting the Ship of State
Introduction: Struggling Against a Backward Tide Canadians with mental health problems are entitled to be bemused at the current state of mental health legislation. The post-Charter era would have seemed a propitious time for intrusions upon their...
Read preview Overview
A Study of Laws in Latin America: Is Access to Affordable Medicine Threatened?
1. Introduction During the 1994 Uruguay round of the General Agreement on Tariffs and Trade (GATT), the member states negotiated the Trade Related Aspects of Intellectual Property Agreement (TRIPS). (1) TRIPS, which is administered by the World...
Read preview Overview
Influenza Vaccination for Health Care Workers: Towards a Workable and Effective Standard
Introduction In an average health care facility, more than half of employed health care workers, such as nurses, do not receive an annual influenza vaccination. (1) If one of these nurses were to contract the influenza virus, she could be contagious...
Read preview Overview

Vol. 16, Annual

The Criminalisation of Medical Mistakes in Canada: A Review
1. Introduction The issue of health professionals facing criminal charges of manslaughter or criminal negligence causing death or grievous bodily harm as a result of alleged negligence (1) in their professional practice was thrown into stark relief...
Read preview Overview
Rodriguez Redux
Introduction Assisted suicide (1) has once again surfaced as an issue of public attention. Just in the past year, four cases have been in the news. (2) In addition, the results of a major study on the attitudes of cancer patients in palliative care...
Read preview Overview
Challenges for Intellectual Property Management of HIV Vaccine-Related Research and Development
The HIV/AIDS (1) pandemic is one of the defining issues of the 21st century. (2) AIDS is the leading cause of death in Africa and the fourth-leading cause of death globally. (3) UNAIDS estimated that 33.2 million people were living with HIV in 2007....
Read preview Overview
Challenges for Intellectual Property Management of HIV Vaccine-Related Research and Development
On 20 February 2007, Prime Minister Stephen Harper announced a commitment by the Government of Canada and the Bill & Melinda Gates Foundation to fund and support the Canadian HIV Vaccine Initiative (CHVI), (1) an effort to accelerate the development...
Read preview Overview
Finding Flaws: The Limitations of Compulsory Licensing for Improving Access to Medicines - an International Comparison
1. Introduction In August 2003, the General Council of the World Trade Organization (WTO) unanimously adopted a Decision (1) ("2003 WTO Decision") to allow compulsory licensing of patented medicines for the purpose of exporting the generic versions...
Read preview Overview
A First Step towards Curtailing Illicit Cross-Border I-Pharma: Drawing Practical Solutions from the Regulation of On-Line Gambling
"I [do not] think the politicians are going to be able to do anything to us.... [It is] kind of like trying to nail Jell-O to a wall." Bill Reeves of Viapro.com (a cyber pharmacy) Introduction The recent death of 57-year-old Marcia Bergeron,...
Read preview Overview
Strategies for Dissemination of University Knowledge
1. Introduction Knowledge dissemination has always been a key component of the university mission. A range of values underpin this. First, and perhaps most importantly, knowledge dissemination has high social value. Knowledge is a public good that...
Read preview Overview
Asking the Inconceivable? Ethical and Legal Considerations regarding HIV-Seropositive Couples' Request to Access Assisted Reproductive Technologies (ARTs): A Canadian Perspective
I was convinced ... and remain convinced today, that using assisted reproductive techniques to enhance the lives of patients with HIV-1 is appropriate. I ... believe that all parties, including the children born from this technology, benefit immeasurably...
Read preview Overview
Judicial Reasoning about Pregnancy and Choice
Concern--The Threat of New Restrictive Abortion Legislation Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, (1) the Supreme Court of Canada struck down the prohibition...
Read preview Overview

Vol. 15, Annual

Wait-Time Guarantees for Health Services: An Analysis of Quebec's Reaction to the Chaoulli Supreme Court Decision
The Quebec government's response to the Chaoulli Supreme Court decision (1) regarding unreasonable wait times and private health insurance has been to introduce guaranteed wait time limits for certain health care services. This article examines two...
Read preview Overview
Health Care and Equality: Is There a Cure?
I. Introduction For good or for ill, access to health care has become not only a defining national value, but the dominant social policy concern in Canada. (1) Public support for medicare has remained high, even as other core social programs have...
Read preview Overview
Barriers to Access to Abortion through a Legal Lens
Introduction In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was "practically illusory." (1) Sadly, although abortion on...
Read preview Overview
Regulation of Stem Cell-Based Products
As stem cell research moves toward offering more clinical applications, questions arise about how relevant products will be regulated. To date these questions have received relatively little attention compared to the legal and ethical issues associated...
Read preview Overview
Impact of U.S Supreme Court Patent Law on Canadian Intellectual Property and Regulatory Rights Landscape
I. Introduction Medical research, product development and public health regulation have been on the minds of Canadians lately, due in large part to an array of controversies over the safety and efficacy of marketed drugs (1) and the decision of...
Read preview Overview
Impact of U.S Supreme Court Patent Law on Canadian and Global Systems-Based Innovation Ecologies
I say unto you: one must still have chaos in oneself to be able to give birth to a dancing star. I say unto you: you still have chaos in yourselves. Zarathustra I. Introduction In the companion article, (1) the impact of the decision by the...
Read preview Overview
Fiduciary Law in the Hospital Context: The Prescriptive Duty of Protective Intervention
I. Introduction Hospitals are hazardous places. They house patients in complex environments rife with life-threatening diseases and toxic pharmaceuticals. Significant numbers of hospital patients have compromised immune systems and hence are susceptible...
Read preview Overview
Growing Up as a Research Subject: Ethical and Legal Issues in Birth Cohort Studies Involving Genetic Research
Introduction Many population genetic research projects seek to recruit women during pregnancy or infants at birth for longitudinal birth cohort studies that investigate how early environmental conditions interact with a child's genome to increase...
Read preview Overview
Zero Tolerance Some of the Time? Doctors, Discipline and Sexual Abuse in Ontario
Confirming "the College's commitment to the safety of the public by affirming the philosophy of Zero Tolerance of sexual abuse, and in accordance with that philosophy, developing policies, procedures, practices, and education programmes that support...
Read preview Overview
Against Doctor's Orders: The Force and Limits of Personal Autonomy in the Health Care Setting
A. Introduction Our aim in this paper is to consider two related questions, which go to the heart of the larger concern of conflict between a patient's choice and a medical professional's judgment about the proper course of treatment and care. First,...
Read preview Overview
Minimal Risk in the Tri-Council Policy Statement
Scenario 1: An oncology researcher approaches the Research Ethics Board (REB) office of a Canadian institution to request guidance on an REB submission. The researcher, a neurosurgeon, intends to take part in a multi-centre trial of a new agent for...
Read preview Overview
Governmental and Institutional Tort Liability for Quality of Care in Canada
The past hall century has been marked by the expansion of the law of torts and, especially, responsibility for negligence. No citation of authority is necessary to show that, in order to meet new situations in a rapidly changing society, Courts have...
Read preview Overview
L'encadrement Legislatif De la Vente Directe Des Tests Genetiques et le Systeme De Sante Quebecois
Abstract The increasing availability of direct to consumer genetic tests, particularly over the Internet, raises a number of difficult to answer legal questions for health care professionals. While lawmakers have enacted an exhaustive legislative...
Read preview Overview

Vol. 14, Annual

The Role and Powers of Forensic Psychiatric Review Boards in Canada: Recent Developments
I. Introduction: Overview of the Law of Forensic Psychiatry The law of forensic psychiatry deals with the criminal justice system's response to criminal conduct caused by mental disorder. In 1992, Canada wholly rewrote its forensic psychiatry law....
Read preview Overview
Overcoming the Obstacles: A Collaborative Approach to Informed Consent in Prenatal Genetic Screening
"The social distance built into current ways of looking at the human body--the view of an objective scientist looking at another bodily object that is clearly separate and distinct--will be expanded to include a new type of social connectedness, where...
Read preview Overview
Complementary and Alternative Medicine and the Medical Expense Tax Credit: A Case for Legislative Reform
Since 1942, Canada's Income Tax Act has provided tax relief to taxpayers who spend substantial amounts of their income on out-of-pocket medical expenses. (1) Since 1988, this relief comes in the form of a tax credit, an amount that is directly deductible...
Read preview Overview
Why Criminalizing Sex Selection Techniques Is Unjust: An Argument Challenging Conventional Wisdom
Introduction The issue of sex selection is one that often invokes a great deal of controversy. In a society where we value equality between men and women should one be able to choose the sex of one's offspring? Would males be chosen over females,...
Read preview Overview
Behind the Screen: Legal and Ethical Considerations in Neonatal Screening for Prenatal Exposure to Alcohol
I. Foreword In a recent Motherisk Clinical Practice Update published in Canadian Family Physician, the authors presented the following question from a family physician: "I have several patients whom I suspect are drinking during pregnancy. How can...
Read preview Overview
Quality V. Equality: The Divided Court in Chaoulli V. Quebec
I. Introduction On June 9, 2005, the Supreme Court of Canada issued its anxiously awaited decision in Chaoulli v. Quebec. (1) The legal issue before the Court was whether Quebec legislation prohibiting private insurance for physician and hospital...
Read preview Overview

Vol. 13, Annual

To Tell the Truth: The Ethical and Legal Implications of Disclosure of Medical Error
Introduction (1) In early 2004, Carol Smith and David Jones (as we will call them) were seriously ill patients in Intensive Care Units at the Foothills Medical Centre in Calgary. (2) On March 4, 2004, Carol, who was 83, died suddenly and unexpectedly....
Read preview Overview
The Revised International Health Regulations and Restraint of National Health Measures
I. Introduction Occurring against the backdrop of severe acute respiratory syndrome (SARS), avian influenza and fears of a global influenza pandemic, the revision of the International Health Regulations (IHR or Regulations) is one of the most significant...
Read preview Overview
Health Care and Access to Patented Technologies
I Introduction The past 25 years have witnessed a growing interaction between healthcare and intellectual property rights. This growth has been due to both new genetic technologies and the expanding scope of intellectual property protection. The...
Read preview Overview
Priority Systems in the Allocation of Organs for Transplant: Should We Reward Those Who Have Previously Agreed to Donate?
Introduction Organ transplantation has been described "with only slight exaggeration [as] usher[ing] in the age of bioethics" (1) as it has focused public attention on the practice and its associated ethical issues. These compelling ethical issues...
Read preview Overview
Legal Solutions to Ontario's Organ Shortage: Redrawing the Boundaries of Consent
[I]f a gift-of-life ethic is preferred and policy makers cannot solve the philosophical dispute over emotion in morality, a dispute that divides proponents of altruism and of routine procurement, then policy makers could judge whether the prevailing...
Read preview Overview
Legal and Ethical Issues in ART "Outcomes" Research
I. Introduction Assisted reproductive technologies (ARTs) have become almost commonplace in the developed world. It is estimated that 1% of American children are now conceived using some form of assisted reproduction, (1) and that over a million...
Read preview Overview
Umbilical Cord Blood Banking in Canada: Socio-Ethical and Legal Issues
Promising discoveries about the lifesaving attributes of umbilical cord blood (UCB) stem cells have led to the emergence of public and private cord blood banks throughout Canada. UCB cells are currently used in the treatment of a variety of malignant...
Read preview Overview
Indigenous Self-Determination and Research on Human Genetic Material: A Consideration of the Relevance of Debates on Patents and Informed Consent, and the Political Demands on Researchers
In April, 2005, National Geographic Society and IBM launched a genetics research project which targets indigenous populations, the 'Genographic Project.' They aim to gather and analyze DNA samples from 100,000 indigenous peoples over a five-year period....
Read preview Overview
Lieberman Award Section 15 of the Charter and the Allocation of Resources in Health Care: A Comment on Auton V. British Columbia
On 19 November 2004, the Supreme Court of Canada released its decision in Auton (Guardian ad litem of) v. British Columbia (Attorney General) (1). Contrary to both the lower courts, (2) the Court held that the refusal of the Province of British Columbia...
Read preview Overview

Vol. 11, Annual

Community Treatment Orders and Nova Scotia - the Least Restrictive Alternative?
Introduction Community treatment order, community committal, involuntary outpatient commitment, mandatory outpatient treatment, leave certificates: these are all similar terms used to define a legal tool or mechanism currently used in mental health...
Read preview Overview
The Sentencing of Offenders with Fetal Alcohol Syndrome
Introduction On May 29th, 2002, the Globe and Mail covered the story of a nine-year-old girl, Jessica Russel, who had been brutally slain by David Trott. A murder, although certainly tragic, would not necessarily garner in-depth coverage in a national...
Read preview Overview
All in the Family: A Child Welfare Perspective on Human Reproductive Cloning
One of the chief philosophical problems raised by human cloning is the question of how we should respond to the interests of people not yet in existence. (1) Introduction For centuries a woman who bore a child was clearly the birth mother of...
Read preview Overview
Beyond the Rhetoric: Population Genetics and Benefit-Sharing
1. Background Information derived from the Human Genome Project (HGP) promises to inspire an array of future innovations with profound societal benefits. (1) Population genetic research is now viewed as a necessary next step in the evolution of...
Read preview Overview
Biotechnology, Bioethics and Liberalism: Problematizing Risk, Consent and Law
Introduction At the conclusion of the famous article of 1953 announcing the molecular structure of DNA, Watson and Crick observed "that the specific pairing we have postulated immediately suggests a possible copying mechanism for genetic material."...
Read preview Overview
The Governance of Research Involving Human Participants in Canada
Research involving humans has a long history, marked by both success and failure. It has become a vast and complex activity due to the multiple actors involved, its growing international implications and evolving context, the sustained attention from...
Read preview Overview
Watching the Watchdogs: Negligence, Liability, and Research Ethics Boards
Introduction Recent high profile incidents involving the death or injury of individuals participating in medical research projects have "shaken confidence in the protections afforded human subjects of biomedical research." (1) In 1999, 18 year old...
Read preview Overview
Collective Bargaining by Nurses in Canadian Health Care: Assessing Recent Trends and Emerging Claims
I. Introduction Since the late 1990s, health human resource (HHR) policy in Canadian health care has been a mixture of consensus and conflict. Consensus appears to have emerged about the broad policy goals for Canadian HHR planning: immediate recruitment...
Read preview Overview
The Landscape of Rules Governing Access to Personal Information for Health Research: A View from Afar
What is asked, or should be asked, of the law student is not that he learn, by heart, and in all their detail, all the rules in force during his time as student: that will be of little service to him in his later professional life when many of those...
Read preview Overview
Medical Malpractice and the Goals of Tort Law
Imagine that you have an eighteen-month old son who is suffering from severe pain in his back and legs, and after a consultation, the doctor insists that you are simply a neurotic, over-worded parent and sends you and your family to a psychiatrist....
Read preview Overview
The Uncertain State of the Law regarding Health Care and Section 15 of the Charter
Introduction Access to a system of universal, publicly funded health care is often described as a fundamental value for Canadians. Indeed, in its recent report, the Romanow Commission on the Future of Health Care in Canada stated Canadians believe...
Read preview Overview

Vol. 10, Annual

Dr. Nancy Morrison and Her Dying Patient: A Case of Medical Necessity
1. Prologue On May 6, 1997, 60 police officers swarmed into the Queen Elizabeth II Health Sciences Centre (QEII) in Halifax, Nova Scotia, in order to effect the arrest of a physician, Dr. Nancy Morrison, on a charge of first-degree murder in connection...
Read preview Overview
Reconciling Private Benefit and Public Risk in Biotechnology: Xenotransplantation as a Case Study in Consent
1. Introduction All major technological advances have the potential to fundamentally change the social, economic, political and legal landscapes of those who adopt the benefits of innovation. While these advances may represent significant changes...
Read preview Overview
A Place for Criminal Law in the Regulation of Reproductive Technologies
On May 9, 2002, Canadian Health Minister Anne McLellan introduced Bill C-56, An Act Respecting Assisted Human Reproduction (the "AHR Act"), (1) in the House of Commons. The Bill was then re-introduced in the House on October 9, 2002 as Bill C-13. This...
Read preview Overview
Industry and the Academy: Conflicts of Interest in Contemporary Health Research
I. Introduction The case of Dr. Nancy Olivieri, the Hospital for Sick Children (HSC), the University of Toronto, and Apotex Inc. (hereinafter the "Olivieri case") is critically important to an understanding of the issues central to contemporary...
Read preview Overview
History of a Gene Patent: Tracing the Development and Application of Commercial BRCA Testing
1. Introduction The patenting and commercialization of human genetic material raises a host of complex social, ethical, and policy issues, such as the potential for discrimination or stigmatization in access to health care services or employment,...
Read preview Overview
Type 2 Diabetes and Children in Aboriginal Communities: The Array of Factors That Shape Health and Access to Health Care
The human costs of unrestrained development on our traditional territory, whether in the form of massive hydroelectric development or irresponsible forestry operations, are no surprise for us. Diabetes has followed the destruction of our traditional...
Read preview Overview

Annual

Patents for Second Medical Indications and Their Potential Impact on Pharmacare in Canada
Introduction The practice of granting patents for second medical indications of known drug compounds is not new in Canada. However, a recent court decision has brought into focus the implications of this practice for pharmacare programs in Canada....
Read preview Overview
Genetic and Metabolic Screening of Newborns: Must Health Care Providers Seek Explicit Parental Consent?
New technologies for genetic and metabolic screening of newborns (1)--such as tandem mass spectrometry (2) and DNA microarray technology (the "DNA chip") (3)--have rapidly expanded the number of heritable conditions that can be detected presymptomatically....
Read preview Overview
Subject Comprehension, Standards of Information Disclosure and Potential Liability in Research
I. Introduction The history of modern research ethics can be traced to the ten articles of the Nuremberg Code, a response to the atrocities that Nazi physicians had perpetrated upon their hapless victims in so-called "medical experiments." Informed...
Read preview Overview
Art or Science? Understanding Medicine and the Common Law
Those of you who have either had or seen the process of a magnetic resonance imaging (MRI) scan cannot fail to be impressed with the scientific or technologic marvel of this huge diagnostic machinery. After a relatively noisy series of manoeuvres,...
Read preview Overview
Reversal of Fortune - Re A (Conjoined Twins) and Beyond: Who Should Make Treatment Decisions on Behalf of Young Children?
1. Introduction The question of who should have the last say in medical treatment decisions on behalf of young children crops up whenever parents and physicians cannot agree on a course of treatment and the courts get involved in the decision-making...
Read preview Overview
La Dissuasion et le No-Fault
1. Introduction Une des critiques les plus recurrentes a l'egard des regimes de compensation sans egard a la faute (ci-apres no-fault) est celle de la dissolution de La dissuasion et, son correlat, la baisse de la norme de conduite raisonnable (1)....
Read preview Overview
Potions, Promises and Paradoxes: Complementary Medicine and Alternative Medicine and Malpractice Law in Canada
I. Introduction Over the past decade there has been a phenomenal growth of public interest in complementary and alternative medicine (CAM). Indeed, the provision and sale of CAM has become a major industry and, even, a political force - as witnessed...
Read preview Overview
The Right to Health Care
They have needs, and because they live within a welfare state, these needs confer entitlements-rights--to the resources of people like me. Their needs and their entitlements establish a silent relation between us. As we stand together in line at the...
Read preview Overview
Canadian Governance of Health Research Involving Human Subjects: Is Anybody Minding the Store?
Abstract (1) From an ethical perspective, good governance involves the translation of collective moral intentions into effective and accountable institutional actions. With respect to the use of human subjects in Canadian health research, I contend...
Read preview Overview