Health Law Journal

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

Articles from Vol. 16, Annual

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,...
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...
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....
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...
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...
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...
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...
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...
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...
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