Health Law Journal Archive

Health Law Journal 20 (2013)

Charting the Privacy Landscape in Canadian Paediatric Biobanks
Edward S. Dove, Lee Black, Denise Avard, and Bartha M. Knoppers

Is Patient Safety Research Protected from Disclosure?
Sarah Burningham, Wayne Renke, and Timothy Caulfield

Implementing Medical Travel in the Canadian Health Care System: Considerations for Policy Makers
Catherine Regis, Tracey Epps and Louise Bernier

The Use and Abuse of Drug Reformulation in Pharmaceutical Life Cycle Management: A Comparison of the Market Defence of Tricor in the US and Lipidil in Canada
Shannon Gibson

Les Clauses d'exclusion ou de Limitation de Responsabilite dans le Cadre d'etudes Cliniques sur des Sujets Humains
Sebastien Lanctot, Martin Letendre, Julie Devroede, and Marie-Claire Monty

Health Law Journal Volume 19 (2011)

Regulating Public Health Risks: Case Studies of Food Allergens and Transfusion Transmissible Infections
Nola M Ries

Intellectual Property and Biomedical Innovation in the Context of Canadian Federalism
Jeremy de Beer and Craig Brusnyk

How to Build (and Regulate) a Body Part: Regulating Tissue Engineered Products in Canada
Barbara von Tigerstrom

Clinical Practice Guidelines and the Legal Standard of Care: Warnings, Predictions, and Interdisciplinary Encounters
Dylan Kozlick

Reference Re: Assisted Human Reproduction Act and the Future of Technology-Assisted Reproduction and Embryo Research in Canada
Ubaka Ogbogu

Entering the Abyss: The Resident's Standard of Care
Chantel Cabaj

Commentary: An Examination of the Public Justifications for the Expansion of Canadian Naturopaths' Scope of Practice
Blake Murdoch, Robyn Hyde-Lay and Timothy Caulfield

An Australian Perspective on the Doctor-Patient Relationship: A Comparative Prelude to Examining Duties of Disclosure in Surgical Innovation
Zara J Bending and George F Tomossy

Health Law Journal Volume 18 (2010)

Charter Review as a Health Care Accountability Mechanism in Canada
Martha Jackman

Healthcare Mediation and the Need for Apologies
Catherine Regis & Jean Poitras

Caveat Emptor, Venditor, et Praescribor: Legal Liability Associated with Methyplenidate Hydrochloride (MPH) Use by Postsecondary Students
Jocelyn Downie, Simon Outram & Fiona Campbell

Regulation of Patient Management Software
James Williams & Jens Weber Jahnke

Lost in Translation: The Canadian Access to Medicines Regime from Transnational Activism to Domestic Implementation
Tania Bubela & Jean-Frederic Morin

Limiting Donation after Cardiac Death: Questions on Consent
Blake A. Chapman

Health Law Journal Volume 17 (2009)

Cancer Surveillance in Canada: Analysis of Legal and Policy Frameworks and Tools for Reform
Barbara von Tigerstrom & Nola M. Ries

Starson v. Swayze, 2003-2008: Appreciating the Judicial Consequences
Monique W. Dull

Futile or Fruitful: The Charter and the Decision to Withhold or Withdraw Life-Sustaining Treatment
Glen Rutland

The Manitoba College of Physicians and Surgeons Position Statement on Withholding and Withdrawal of Life-Sustaining Treatment (2008): Three Problems and a Solution
Jocelyn Downie & Karen McEwen

Canadian Mental Health Law: The Slow Process of Redirecting the Ship of State
H. Archibald Kaiser

Factual Causation and Healthcare-Associated Infections
Lara Khoury

Assisted Reproduction Without Assisting Over-Collection: Fair Information Practices and the Assisted Human Reproduction Agency of Canada
Vanessa Gruben

A Study of Pharmaceutical Data Exclusivity Laws in Latin America: Is Access to Affordable Medicine Threatened?
Rosario G. Cartagena & Amir Attaran

Influenza Vaccination for Health Care Workers: Towards a Workable and Effective Standard
Rebecca Rodal, Nola M. Ries & Kumanan Wilson

Health Law Journal Visions Special Edition (2008)

Tracey Bailey & Timothy Caulfield

A View of the Future: Emerging Developments in Health Care Liability
Gerald B. Robertson

A "Tsunami Wave of Science": How the Technologies of Transhumanist Medicine are Shifting Canada's Health Research Agenda
Ian Kerr & James Wishart

Nutrigenomics and the Promise of Prevention: Representations & Realities
Timothy Caulfield, Jacob Shelley, Victor Alfonso & Tania Bubela

Envisioning the Future of Aboriginal Health under the Health Transfer Process
Constance MacIntosh

Piling on the Laws, Shedding the Pounds? The Use of Legal Tools to Address Obesity
Nola Ries

Health Equity: HPV and the Cervical Cancer Vaccine
Joanna N. Erdman

After Capacity: The Legal and Ethical Problems of Data Collection from Legally Incomptent Subjects in Canada
Tom Archibald & Trudo Lemmens

Relational Theory & Health Law and Policy
Jocelyn Downie & Jennifer Llewellyn

Chaoulli: Political Undertows and Judicial Riptides
Colleen M. Flood

Clearing the path for Private Health Markets in post-Chaouli Quebec
Marie-Claude Premont

Reform, Re-form, and Reaction in the Canadian Health Care System
Robert G. Evans

Health Law Journal Volume 16 (2008)

Challenges for IP Management of HIV Vaccine-Related Research and Development Part 1
Tania Bubela & Lori Knowles

Challenges for IP Management of HIV Vaccine-Related Research and Development Part 2
San Patten, Tania Bubela & Lori Knowles

Asking the inconceivable? Ethical and legal considerations regarding HIV seropositive couples' request to access to ARTs
Vanessa Lentz

Rodriguez Redux
Jocelyn Downie & Simone Bern

The Criminalization of Medical Mistakes in Canada: A review
Fiona McDonald

Judicial Reasoning about Pregnancy and Choice
Chris Kaposy & Jocelyn Downie

First Step Towards Curtailing Illicit Cross-Border I-Pharma
Karen Eltis

Finding Flaws: The Limitations of Compulsory Licensing for Improving Access to Medicines An International Comparison
Emily Ng & Jillian Clare Kohler

Strategies For Dissemination Of University Knowledge
Diane Nichol

Health Law Journal Volume 15 (2007)

Growing Up as a Research Subject: Ethical and Legal Issues in Birth Cohort Studies Involving Genetic Research
Nola M. Ries

Wait-time Guarantees for Health Services: An Analysis of Quebec's Reaction to the Chaoulli Supreme Court Decision
Marie-Claude Prémont

Health Care and Equality: Is There a Cure?
Martha Jackman

Barriers to Access to Abortion Through a Legal Lens
Jocelyn Downie & Carla Nassar

Regulation of Stem Cell-Based Products
Barbara von Tigerstrom & Erin Schroh

KSR v. Teleflex Part 1: Impact of U.S. Supreme Court Patent Law on Canadian Intellectual Property and Regulatory Rights Landscape
Ron A. Bouchard

KSR v. Teleflex Part 2: Impact of U.S. Supreme Court Patent Law on Canadian and Global Systems-Based Innovation Ecologies
Ron A. Bouchard

Fiduciary Law in the Hospital Context: the Prescriptive Duty of Protective Intervention
Moe Litman

Zero Tolerance Some of the Time? Doctors, Discipline and Sexual Abuse in Ontario
Sanda Rodgers

Governmental and Institutional Tort Liability for Quality of Care in Canada
Lorian Hardcastle

L'encadrement législatif de la vente directe des tests génétiques et le système de santé québécois
Anne Marie Tassé and Béatrice Godard

Minimal Risk in the Tri-Council Policy Statement
Lynette Reid & Timothy Krahn

Against Doctor's Orders: The Force And Limits of Personal Autonomy in the Health Care Setting
Ubaka Ogbogu & Russell Brown

Health Law Journal Volume 14 (2006)

The Role and Powers of Forensic Psychiatric Review Boards in Canada: Recent Developments
Peter Carver & Cherie Langlois-Klassen

Overcoming the Obstacles: A Collaborative Approach to Informed Consent in Prenatal Genetic Screening
Samara Polansky

Complementary and Alternative Medicine and the Medical Expense Tax Credit: A Case for Legislative Reform
Mary Shaw

Why Criminalizing Sex Selection Techniques is Unjust: An Argument Challenging Conventional Wisdom
Angela Long

Behind the Screen: Legal and Ethical Considerations in Neonatal Screening for Prenatal Exposure to Alcohol
Anna Zadunayski, Matthew Hicks, Ben Gibbard & Glenys Godlovitch

Quality v. Equality: The Divided Court in Chaoulii v. Quebec
Michael Yeo & Carol Lucock

Health Law Journal Volume 13 (2006)

To Tell the Truth: The Ethical and Legal Implications of Disclosure of Medical Error
Michael Waite

The Revised International Health Regulations and Restraint of National Health Measures
Barbara von Tigerstrom

Health Care and Access to Patented Technologies
Kathryn Garforth

Priority Systems in the Allocation of Organs for Transplant: Should we Reward those who have Previously Agreed to Donate?
Jennifer Chandler

Legal Solutions to Ontario's Organ Shortage: Redrawing the Boundaries of Consent
Brent Arnold

Legal and Ethical Issues in ART "Outcomes" Research
Erin Nelson

Umbilical Cord Blood Banking in Canada: Socio-Ethical and Legal Issues
Margo Plant & Bartha Maria Knoppers

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
Constance MacIntosh

Lieberman Award
Section 15 of the Charter and the Allocation of Resources in Health Care: A Comment on Auton v. British Columbia
Claire Bond

Health Law Journal Volume 12 (2005)

The Boundaries of Medicare: Tensions in the Dual Role of Ontario's Physician Services Review Committee
Colleen M. Flood & Joanna N. Erdman

Umbilical Cord Blood Stem Cells: Issues with Private and Public Banks
Madelaine Saginur, Linda Kharaboyan & Bartha Maria Knoppers

The Genetic Defence: The Impact of Genetics on the Concept of Criminal Responsibility
Sana Halwani & Daniel Brian Krupp

Sexual Abuse by Health Care Professionals: The Failure of Reform in Ontario
Sanda Rodgers

Not That Much Room? Nanotechnology, Networks and the Politics of Dancing
Ian Kerr & Goldie Bassi

Up in Smoke, What Role Should Litigation Play in Funding Canada's Health Care
Jeff Berryman

Revisioning the Oversight of Research Involving Humans in Canada
Jocelyn Downie & Fiona McDonald

Orphan Drug Policies: Implications for the United States, Canada, and Developing Countries
Richard Y. Cheung , Jillian C. Cohen & Patricia Illingworth

Creating a Sustainable Immunization System in Canada - The Case for a Vaccine-Related Injury Compensation Scheme
Nicole J. Kutlesa

Enhancing Patients' Confidence in Access to Health Care: The Ontario or Québec Way?
Catherine Régis

Building Systemic Models for Medical Error Reporting
Tim Outerbridge

Health Law Journal Special Health Law Journal Supplement

Consent, Privacy and Confidentiality in Longitudinal, Population Health Research: The Canadian Legal Context
Timothy Caulfield and Nola Ries

Timothy Caulfield and Nola Ries have completed a major paper, titled "Consent, Privacy and Confidentiality in Longitudinal, Population Health Research: The Canadian Legal Context", commissioned by the Canadian Lifelong Health Initiative Ethical Legal Social Issues (CLHI-ELSI) Advisory Committee. This paper is now available as a special supplement to the Health Law Journal. View the preface and table of contents online here. To order this special supplement, please contact us at

Health Law Journal Volume 11 (2003)

Community Treatment Orders and Nova Scotia - The Least Restrictive Alternative?
Shelley Trueman

The Sentencing of Offenders With Fetal Alcohol Syndrome
Larry N. Chartrand & Ella M. Forbes-Chilibeck

All in the Family: A Child Welfare Perspective on Human Reproductive Cloning
William Keough

Beyond the Rhetoric: Population Genetics and Benefit Sharing
Lorraine Sheremeta & Bartha Maria Knoppers

Biotechnology, Bioethics and Liberalism - Problematizing Risk, Consent and Law
Bradley Bryan

The Governance of Research Involving Human Participants in Canada
Marie Hirtle

Watching the Watchdogs: Negligence, Liability and REBs in Canada
Jennifer Gold

Collective Bargaining by Nurses in Canadian Health Care: Assessing Recent Trends and Emerging Claims
Tom Archibald

The Landscape of Rules Governing Access to Personal Information for Health Research: A View from Afar
Patricia Kosseim

The Uncertain State of the Law regarding Health Care and Section 15 of the Charter
Nola M. Ries

Medical Malpractice and the Goals of Tort Law
Andrew Brine

Health Law Journal Special Edition 2003

Precedent & Innovation: Health Law in the 21st Century

Take a look through today's news - public health policy, reproductive technology, privacy, insurance, patenting, disability, and controversy surrounding drug availability. Health law is indeed a distinct and vibrant area. In September 2003, as part of its 25 year anniversary celebration, the Health Law Institute at the University of Alberta brought together health law scholars, policy makers and practitioners from across Canada for the first ever national health law conference. This special edition of the Health Law Journal includes many of the papers from that conference together with some additional articles from those working in the ever expanding area of health law. The topics dealt with in this edition serve to inform and provoke - reminding us that as issues develop so should law. Included in the price of this book is an excellent CD entitled "Disability Studies: The Unexpected Guest in Health Law Discourse" by Catherine Frazee, Co-Director of the Institute for Disability Studies at Ryerson University, Toronto, Ontario, which was presented at the conference. This CD is an excellent teaching resource.

Health Law Journal Special Edition 2003 (ISBN: ISBN 0-9733093-0-X)

Timothy Caulfield & Tracey Bailey

Contemporary Health Research: A Cautionary Tale
Jocelyn Downie

From Theory to Practice: Health Care and the Patent System
E. Richard Gold

Genetics and Insurance Discrimination: Comparative Legislative, Regulatory and Policy Developments and Canadian Options
Trudo Lemmens

The Regulation of Embryonic Stem Cell Research: A Few Observations on the International Scene
Timothy Caulfield

Is There a Privacy Interest in Anonymized Personal Health Information?
Elaine Gibson

The Landscape of Rules Governing Access to Personal Information for Health Research: A View from Afar
Patricia Kosseim

Regulation of Free-Standing Health Facilities: An Entrée for Privatization and For-profit Delivery in Health Care
Joan Gilmour

Informed Consent 20 Years Later
Gerald B. Robertson

Signs of Inequality: Constructing Disability in Antidepressant Drug Advertising
Patricia Peppin & Elaine Carty

Imagining An Equality Promoting Alternative to the Status Quo of Canadian Mental Health Law
H. Archibald Kaiser

Protecting Human Research Subjects: A Jurisdictional Analysis
Jennifer Llewellyn, Jocelyn Downie & Robert Holmes

Practice Notes: Selected Issues in Medical Malpractice
John G. Martland, Q.C. & Brenda J. Johnson

Notes from Video Presentation: The Unexpected Guest in Health Law Discourse - UNAVAILABLE
Catherine Frazee

Angela Long

Health Law Journal Volume 10 (2002)

Dr. Morrison and Her Dying Patient: A Case of Medical Necessity
Barney Sniederman & Raymond Deutscher

Reconciling Private Benefit and Public Risk in Biotechnology: Xenotransplantation as a Case Study in Consent
E. Richard Gold & Wendy A. Adams

A Place for Criminal Law in the Regulation of Reproductive Technologies
Angela Campbell

Industry and the Academy: Conflicts of Interest in Contemporary Health Research
Jocelyn Downie, Patricia Baird & Jon Thompson

History of a Gene Patent: Tracing the Development and Application of Commercial BRCA Testing
Bryn Williams-Jones

Type 2 Diabetes and Children in Aboriginal Communities: The Array of Factors that Shape Health and Access to Health Care
Angela Campbell

Health Law Journal Volume 9 (2001)

Potions, Promises and Paradoxes: Complementary and Alternative Medicine and Malpractice Law in Canada
Timothy Caulfield and Colin Feasby

The Right to Health Care
Tamara Friesen

Art or Science? Understanding Medicine and the Common Law
John A. Harrington

La dissuasion et le no-fault
François Larocque

Canadian Governance of Health Research Involving Human Subjects: Is Anybody Minding the Store?
Michael McDonald

Reversal of Fortune - Re A (Conjoined Twins) and Beyond: Who Should Make Treatment Decisions on Behalf of Young Children?
Sabine Michalowski

Subject Comprehension, Standards of Information Disclosure and Potential Liability in Research
Daryl Pullman

Patents for Second Medical Indications and Their Potential Impact on Pharmacare in Canada
Teresa Scassa

Genetic and Metabolic Screening of Newborns: Must Health Care Providers Seek Explicit Parental Consent?
Sheila Wildeman and Jocelyn Downie

Health Law Journal Volume 8 (2000)

Legal Regulation of Cancer Surveillance: Canadian and International Perspectives
Barbara von Tigerstrom, Mylène Deschênes, Bartha Maria Knoppers, and Timothy Caulfield

Constitutional Jurisdiction Over Health in Canada
Martha Jackman

The Contested Lessons of Euthanasia in the Netherlands
Jocelyn Downie

Children Living with HIV: Reshaping Law and Policy in Québec to Preserve and Promote Their Rights
Angela Campbell

Home Care in Ontario: The Case for Copayments
Jonathan Gray

Telling the Truth? Disclosure, Therapeutic Privilege and Intersexuality in Children
Anne Côté

Health Law Journal Volume 7 (1999)

Reconstructing Geneticization: a Research Manifesto
Adam M. Hedgecoe

Wrongful Life Actions as a Means of Regulating Use of Genetic and Reproductive Technologies
Shaun D. Pattinson

La commercialisation de la recherche en génétique et son impact sur la communication des résultats
Geneviève Cardinal

Re-framing the Discussion: Commercial Genetic Testing in Canada
Bryn Williams-Jones

Patenting DNA and Amino Acid Sequences - An Australian Perspective
David Keays

The Mandatory Reporting of Child Abuse Under the Child Welfare Act
Wayne N. Renke

Reconstructing Paradise: Canada's Health Care System, Alternative Medicine and the Charter of Rights
Richard A. Haigh

Compensating Family Caregivers: An Analysis of Tax Initiatives and Pension Schemes
Janice Keefe & Pamela Fancey

A Do Not Resucitate Order for an Infant Against Parental Wishes: A Comment on the Case of Child and Family Services of Central Manitoba v. R.L. and S.L.H.
Barney Sneiderman

End-of-Life Decision-Making: Rethinking the Principles of Fundamental Justice in the Context of Emerging Empirical Data
Patrik S. Florencio & Robert H. Keller