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Articles 1 - 5 of 5
Full-Text Articles in Law
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
PhD Dissertations
The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools …
Better Never Than Late, But Why?: The Contradictory Relationship Between Law And Abortion, Shelley A. M. Gavigan
Better Never Than Late, But Why?: The Contradictory Relationship Between Law And Abortion, Shelley A. M. Gavigan
Articles & Book Chapters
"I am honoured to have been invited to be a panelist in such distinguished company at this important event. I am particularly attracted to the invitation in the title of the Symposium to reflect upon the 1988 decision of the Supreme Court of Canada in R. v. Morgentaler. In reflecting upon the case, its significance and legacy, I want to talk about the importance of history, the contradictory nature of law and the enduring importance of ideology."
Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack
Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack
Osgoode Hall Law Journal
Euthanasia and assisted suicide are highly controversial subjects that have drawn much attention in Canada over the last two decades. This paper outlines how the Netherlands, the United States, Australia, and Canada have approached the practices. Jurisprudence, public opinion polls, legislative developments, and the positions of medical organizations and their members are included in the analysis. A number of arguments for and against the continued prohibition of the practices in Canada are evaluated. As well, information regarding the extent to which euthanasia and assisted suicide are performed in these countries is assessed. It will be shown that Canadians currently enjoy …
Testing The Limits Of Freedom Of Contract: The Commercialization Of Reproductive Materials And Services, Michael J. Trebilcock, Melody Martin, Anne Lawson, Penney Lewis
Testing The Limits Of Freedom Of Contract: The Commercialization Of Reproductive Materials And Services, Michael J. Trebilcock, Melody Martin, Anne Lawson, Penney Lewis
Osgoode Hall Law Journal
This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible-exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material-and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that …
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …