Journal Articles (Law)
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Background: End-of-life decisions regarding the administration, withdrawal or withholding of life-sustaining therapy in the critical care setting can be challenging. Disagreements between health care providers and family members occur, especially when families believe strongly in preserving life,...
The focus of this article is on access to sexual and reproductive health care, an essential aspect of reproductive justice. Although the scope of the problem is unknown, there are reasons to question whether Canadian women are able to access reproductive and sexual health services such as...
Comparative perspectives on the regulation of assisted reproductive technologies in Canada and the United KingdomDownload
This article highlights some concerns with the regulatory structure envisioned by Canada's new Assisted Human Reproduction Act, principally by comparing Canada's proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom's Human Fertilisation and Embryology Authority (HFEA). The...
Introduction: In 1984, Ernst Zundel, a commercial artist living in Toronto, was charged with two counts of spreading false news contrary to s. 181 (formerly s. 177) of the Criminal Code. Section 181 of the Criminal Code provides: Every one who wilfully publishes a statement, tale or news that he...
In this article, the author explores the jurisprudence surrounding a contentious area of tort law: wrongful life claims. These claims focus on the situation in which the physician’s negligence lies in the failure to provide the child’s parents with the opportunity to prevent the birth of the...
The author discusses the issue of medical intervention in pregnancy, and suggests that what is missing from the present discourse on pregnancy and the law is a theoretical framework for choice or decision-making in pregnancy. It is suggested that the inability to formulate an adequate mode of...
[I]t is time the Supreme Court of Canada reconsidered the question of causation in those medical malpractice cases where the negligence alleged consists of a failure to make all reasonable disclosure necessary to an informed decision by the patient on a course of treatment ... the rule in Reibl...