Health Law Journal

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

Articles from Vol. 19, Annual

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...
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...
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)...
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....
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."...
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...
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...
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...