Health Law Journal

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

Articles from Vol. 11, Annual

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...
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...
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."...
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...
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...
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....
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...
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...
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...
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...
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...