Health Law Journal

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

Articles from Annual

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,...
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...
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....
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)....
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....
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...
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...
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...
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...
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