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Articles 1 - 26 of 26
Full-Text Articles in Law
Jurisgenerative Tissues: Sociotechnical Imaginaries And The Legal Secretions Of 3d Bioprinting, Roxanne Mykitiuk, Joshua Shaw
Jurisgenerative Tissues: Sociotechnical Imaginaries And The Legal Secretions Of 3d Bioprinting, Roxanne Mykitiuk, Joshua Shaw
Articles & Book Chapters
Three-dimensional ‘bioprinting’ is under development, which may produce living human organs and tissues to be surgically implanted in patients. Like tissue engineering and regenerative medicine generally, the process of bioprinting potentially disrupts experience of the human body by redefining understandings of, and becoming actualised in new practices and regimes in relation to, the body. The authors consider how these novel sociotechnical imaginaries may emerge, having regard to law’s contribution to, as well as its possible transformation by, the process of 3D bioprinting. The authors draw on Gilbert Simondon and corporeal, material feminists to account for these disruptions as ‘ontogenetic,’ in …
Strengthening A One Health Approach To Emerging Zoonoses, Samira Mubareka, John Amuasi, Arinjay Banerjee, Hélène Carabin, Joe Copper Jack, Claire Jardine, Bogdan Jaroszewicz, Greg Keefe, Jonathon Kotwa, Susan Kutz, Deborah Mcgregor, Anne Mease, Lily Nicholson, Katarzyna Nowak, Brad Pickering, Maureen Reed, Johanne Saint-Charles, Katarzyna Simonienko, Trevor Smith, J. Scott Weese, E. Jane Parmley
Strengthening A One Health Approach To Emerging Zoonoses, Samira Mubareka, John Amuasi, Arinjay Banerjee, Hélène Carabin, Joe Copper Jack, Claire Jardine, Bogdan Jaroszewicz, Greg Keefe, Jonathon Kotwa, Susan Kutz, Deborah Mcgregor, Anne Mease, Lily Nicholson, Katarzyna Nowak, Brad Pickering, Maureen Reed, Johanne Saint-Charles, Katarzyna Simonienko, Trevor Smith, J. Scott Weese, E. Jane Parmley
Articles & Book Chapters
Given the enormous global impact of the COVID-19 pandemic, outbreaks of highly pathogenic avian influenza in Canada, and manifold other zoonotic pathogen activity, there is a pressing need for a deeper understanding of the human-animal-environment interface and the intersecting biological, ecological, and societal factors contributing to the emergence, spread, and impact of zoonotic diseases. We aim to apply a One Health approach to pressing issues related to emerging zoonoses, and propose a functional framework of interconnected but distinct groups of recommendations around strategy and governance, technical leadership (operations), equity, education and research for a One Health approach and Action Plan …
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Articles & Book Chapters
This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …
My Covid Pause, Jennifer Nedelsky
Reimagining Disability: The Screening Of Donor Gametes And Embryos In Ivf, Isabel Karpin, Roxanne Mykitiuk
Reimagining Disability: The Screening Of Donor Gametes And Embryos In Ivf, Isabel Karpin, Roxanne Mykitiuk
Articles & Book Chapters
In this article,we examine how disability is figured in the imaginaries that are given shape by the reproductive projects and parental desires facilitated by the bio-medical techniques and practices of assisted reproductive technologies (ARTs) that involve selection and screening for disability. We investigate how some users of ARTs understand and deploy these imaginaries in ways that are both concordant with and resistant to the understanding of disability embedded within the broader sociotechnical and social imaginaries. It is through users’ deliberations, choices, responses, and expectations that we come to understand how these imaginaries are perpetuated and resisted, and how maintaining them …
The Humour In My Tumour: Respecting Legal Capacity In Health-Care Decision-Making, Roxanne Mykitiuk, Reshma Valliappan
The Humour In My Tumour: Respecting Legal Capacity In Health-Care Decision-Making, Roxanne Mykitiuk, Reshma Valliappan
Articles & Book Chapters
Article 12 CRPD guarantees persons with disabilities the right to equal recognition before the law and the right to enjoy legal capacity on an equal basis with others in all aspects of life. It is the right to have one’s decisions legally recognised. Reshma’s decision not to take medication prescribed for schizophrenia was not accepted and respected by the physician. Instead, the physician implied that Reshma would be denied any further medical care for her current symptoms until she complied with a pharmaceutical-based treatment course for her psychiatric condition. Thus, Reshma would have had to take drugs against her will …
Institutionalising An Evidence-Informed Approach To Guideline Development: Progress And Challenges At The World Health Organization, Unni Gopinathan, Steven Hoffman
Institutionalising An Evidence-Informed Approach To Guideline Development: Progress And Challenges At The World Health Organization, Unni Gopinathan, Steven Hoffman
Articles & Book Chapters
This study explored experiences, perceptions and views among World Health Organization (WHO) staff about the changes, progress and challenges brought by the guideline development reforms initiated in 2007. Thirty-five semistructured interviews were conducted with senior WHO staff. Sixteen of the interviewees had in-depth experience with WHO’s formal guideline development process. Thematic analysis was conducted to identify key themes in the qualitative data, and these were interpreted in the context of the existing literature on WHO’s guideline development processes. First, the reforms were seen to have transformed and improved the quality of WHO’s guidelines. Second, independent evaluation and feedback by the …
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Osgoode Legal Studies Research Paper Series
Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system, remains undetermined. Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
Origins And Prospects For Employee Life And Health Trusts In Canada, S. B. Archer
Origins And Prospects For Employee Life And Health Trusts In Canada, S. B. Archer
Osgoode Legal Studies Research Paper Series
A discussion of the events and factors behind the establishment of pre-funded health benefit plans in Canada with reference to the experience of voluntary employee benefit associations in the United States and the auto sector restructuring in North America during 2008-2009. It is argued that "employee life and health trusts" are used in effect to defease legacy cost liabilities of employers and only likely to be used in the context of restructuring of a workplace or industry. their structure is compared to other target benefit programs currently being proposed in Canada and elsewhere. The key issues in their negotiation and …
Empirically Evaluating The Impact Of Adjudicative Tribunals In The Health Sector: Context, Challenges And Opportunities, Lorne Sossin, Steven J. Hoffman
Empirically Evaluating The Impact Of Adjudicative Tribunals In The Health Sector: Context, Challenges And Opportunities, Lorne Sossin, Steven J. Hoffman
Articles & Book Chapters
Adjudicative tribunals are an integral part of health system governance, yet their real-world impact remains largely unknown. Most assessments focus on internal accountability and use anecdotal methodologies; few, studies if any, empirically evaluate their external impact and use these data to test effectiveness, track performance, inform service improvements and ultimately strengthen health systems. Given that such assessments would yield important benefits and have been conducted successfully in similar settings (e.g. specialist courts), their absence is likely attributable to complexity in the health system, methodological difficulties and the legal environment within which tribunals operate. We suggest practical steps for potential evaluators …
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant
Articles & Book Chapters
No abstract provided.
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman
Articles & Book Chapters
Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system remains undetermined, Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
Articles & Book Chapters
An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …
Constructing 'Health', Defining 'Choice': Legal And Policy Perspetives On The Post-Pgd Embryo In Four Jurisdictions, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker
Constructing 'Health', Defining 'Choice': Legal And Policy Perspetives On The Post-Pgd Embryo In Four Jurisdictions, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker
Articles & Book Chapters
Through Preimplantation Genetic Diagnosis, embryos created by IVF are selected for transfer to a woman based on particular characterisations, including the presence of genetic markers or a tissue match for a sibling. In this paper we examine the precise language used in the recent policy and regulatory documents of four jurisdictions (the United Kingdom, Australia, Canada and New Zealand) that in any way characterises the post-PGD embryo. We then explore the mutually constructed relationship between how that embryo is characterised and the purposes for which PGD is applied, as well as the types of uses to which the post-PGD embryo …
The 'Affected' Post-Preimplantation Genetic Diagnosis Embryo, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker
The 'Affected' Post-Preimplantation Genetic Diagnosis Embryo, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker
Articles & Book Chapters
The meaning of "health" is constructed from a variety of perspectives, including biomedical, social and political, and in a variety of sites, including human bodies and natural environments. In this chapter we suggest that the human embryo is one such site. At first glance the in vitro embryo is not an obvious location from which to examine such constructions; however, we contend that an increasing focus on biomedical determinations of the "health" of the human embryo (Mykitiuk and· Nisker, 2008b; Van Wagner, Mykitiuk and Nisker, 2008) is significant not only in the application to human embryos themselves, but also in …
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
The Canadian Assisted Human Reproduction Act: Protecting Women’S Health While Potentially Allowing Human Somatic Cell Nuclear Transfer Into Non-Human Oocytes, Roxanne Mykitiuk, Jeff Nisker, Robyn Bluhm
Articles & Book Chapters
Caulfield and Bubela (2007) argue that the Canadian Assisted Human Reproduction Act (An Act Respecting Assisted Human Reproduction and Related Research (S.C. 2004, c.2) imposes a complete “criminal ban” on somatic cell nuclear transfer (SCNT) that is unwarranted because, they contend, the ban was based on concerns regarding the moral status of the human embryo, which is inappropriate in a “pluralistic society.”
Patient Safety, Medical Error And Tort Law: An International Comparison, Joan M. Gilmour
Patient Safety, Medical Error And Tort Law: An International Comparison, Joan M. Gilmour
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Articles & Book Chapters
The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician’s most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, …
Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker
Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker
Articles & Book Chapters
Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …
Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap
Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap
Articles & Book Chapters
This chapter will identify and examine the major legal issues raised by the development and proliferation of technologies involved in assisted reproduction. It will review the application of existing legal principles, statutes and common law rules to these issues, and will illustrate the uncertainty present in the current legal regime in Canada. The chapter will then evaluate the need for a unified regulatory framework for reproductive technologies ("RTs").' While the focus of the chapter is an identification and review of the legal issues, it should be understood that these are shaped in a moral, ethical and social context.
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
Articles & Book Chapters
Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
All Papers
No abstract provided.
Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap
Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap
Articles & Book Chapters
This chapter will identify and examine some of the major legal issues raised by the development and proliferation of technologies involved in assisted reproduction. It will review the application of existing legal principles, statutes and common law rules to these issues, and will illustrate the uncertainty present in the current legal regime in Canada. The chapter will then evaluate the need for a unified regulatory framework for reproductive technologies ("RTs").' While the focus of the chapter is an identification and review of the legal issues, it should be understood that these are shaped in a moral, ethical and social context.
Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson
Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson
Articles & Book Chapters
A collection of papers from the ninth Fulbright Colloquium held in September 1989. The papers compare legal practices and procedures in North America and Europe and the barriers to drug development caused by increased litigation in cases involving pharmaceutical products.
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
Articles & Book Chapters
The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …