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Health Law Journal
An academic journal featuring medical-legal articles. Presents emerging issues in law and social policy affecting Canada.
Articles from Vol. 13, Annual
Health Care and Access to Patented Technologies
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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...
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
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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....
Legal and Ethical Issues in ART "Outcomes" Research
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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...
Legal Solutions to Ontario's Organ Shortage: Redrawing the Boundaries of Consent
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[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...
Lieberman Award Section 15 of the Charter and the Allocation of Resources in Health Care: A Comment on Auton V. British Columbia
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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...
Priority Systems in the Allocation of Organs for Transplant: Should We Reward Those Who Have Previously Agreed to Donate?
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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...
The Revised International Health Regulations and Restraint of National Health Measures
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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...
To Tell the Truth: The Ethical and Legal Implications of Disclosure of Medical Error
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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....
Umbilical Cord Blood Banking in Canada: Socio-Ethical and Legal Issues
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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...
