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Full-Text Articles in Law
Informing The Future Of End-Of-Life Care In Canada: Lessons From The Quebec Legislative Experience, Michelle Giroux
Informing The Future Of End-Of-Life Care In Canada: Lessons From The Quebec Legislative Experience, Michelle Giroux
Dalhousie Law Journal
There have been numerous and challenging developments respecting endof-life care in Canada. In Quebec, political consensus and changes in public opinion led to the adoption of end-of-life care legislation. This paper discusses the context and foundation of that reform and reviews its content with the objective of informing the future of end-of-life care in Canada. In the first part of the paper I explore the balancing of the right to life and autonomy, with a focus on the approach chosen in Quebec by the Legal Experts Panel Report. In Part 11, I discuss Quebec's adoption of An Act Respecting End-of-Life …
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Dalhousie Law Journal
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …
Cross-Cultural Dynamics In Palliative Care: The Emerging Canadian Scenario, Chidi Oguamanam
Cross-Cultural Dynamics In Palliative Care: The Emerging Canadian Scenario, Chidi Oguamanam
Dalhousie Law Journal
As modern technologies leverage medical sciences, life expectancy is on the rise in Canada, and indeed globally with a remarkable increase in the elderly population in need of health care. The same is true of the diversity of cultural groups who are now patrons and stakeholders in Canada's health care landscape. An emergent feature ofthis landscape is the complexity ofcontexts for negotiating and mediating medical care delivery at the end of life. This paper examines the gaps in regulatory and legal interventions as well as the gaps and opportunities to negotiate the transition to palliative care in cross-cultural contexts that …
The Future Of Health Law: How Can Law Meet Emerging Health Challenges?, Colleen M. Flood, Lorian Hardcastle
The Future Of Health Law: How Can Law Meet Emerging Health Challenges?, Colleen M. Flood, Lorian Hardcastle
Dalhousie Law Journal
Canadians have often prided themselves on having one of the best health-care systems in the world, but in recent years our system has fallen to the bottom of relevant international comparisons. Incremental attempts to improve the system have not resulted in significant improvements and the reality is that our most pressing challenges can be addressed only through ambitious, systemic reforms. For example, it is well established that Canada's patchwork scheme for providing long-term care will not scale to meet growing needs as a quarter ofthe population enters retirement age over the next two decades.' As yet further examples, the Canadian …
Modernizing The Canada Health Act, Colleen M. Flood, Bryan Thomas
Modernizing The Canada Health Act, Colleen M. Flood, Bryan Thomas
Dalhousie Law Journal
The Canada Health Act (CHA) was adopted in 1984, to shore up a health-care system conceptualized in the 1960s. Under the CHA, universal coverage is limited to "medicallynecessary" hospital and physician services, to the exclusion of vital goods and services such as outpatient pharmaceuticals, dental care, long-term care, and many mental health services. Inequities resulting from these gaps in public coverage are partly to blame for pushing Canada's health system to the bottom ofrecent international rankings. But there is more to modernizing Canada s health care system, we argue, than filling these gaps in universal coverage. Every major health system …
A Goal-Oriented Understanding Of The Right To Health Care And Its Implications For Future Health Rights Litigation, Michael Da Silva
A Goal-Oriented Understanding Of The Right To Health Care And Its Implications For Future Health Rights Litigation, Michael Da Silva
Dalhousie Law Journal
International human rights law recognizes a right to health. A majority of domestic constitutions recognize health-related rights. Many citizens believe that they have a moral right to health care. Some theorists agree. Yet the idea of a right to health care remains controversial. Specifying the nature of such a right invites more controversy. Indeed, most models of the right face persistent problems that threaten to undermine the conceptual coherence of a right to health care. This article accordingly sketches preliminary arguments for a new, goal-oriented model of the right to health care. It explains that the model avoids most of …
And Miles To Go Before I Sleep: The Future Of End-Of-Life Law And Policy In Canada, Jocelyn Downie
And Miles To Go Before I Sleep: The Future Of End-Of-Life Law And Policy In Canada, Jocelyn Downie
Dalhousie Law Journal
This paper reviews the legal status of a number ofend-of-life law and policy issues that have, to date, been overshadowed by debates about medical assistance in dying. It suggests that law reform is needed in relation to palliative sedation without artificial hydration and nutrition, advance directives for the withholding and withdrawal of oral hydration and nutrition, unilateral withholding and withdrawal of potentially life-sustaining treatment, and the determination of death. To leave the law in its current uncertain state is to leavepatients vulnerable to having no access to interventions that they want or at the other extreme, being forced to receive …
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dalhousie Law Journal
Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Dalhousie Law Journal
The present state of Canadian doctrine on causation in tort law is in serious disarray Judges and jurists persist in thinking that it is a factual inquiry separate from policy concerns. This is made obvious in the recent Supreme Court decision in Clements and in the academic commentary around it. In contrast, I insist that the requirement of causation must be understood as being entirely part of the broader debate on the goals and policies of tort law generally Causation is a topic drenched with normative values and should be treated as such.
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Dalhousie Law Journal
Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …
Doctoral Studies In Law: From The Inside Out, Dia Dabby, Bethany Hastie, Jocelyn Stacey
Doctoral Studies In Law: From The Inside Out, Dia Dabby, Bethany Hastie, Jocelyn Stacey
Dalhousie Law Journal
This article explores the purpose, structure and experience of doctoral studies in Canadian law schools. Relying on an auto-ethnographic methodology where we draw on our personal experience as doctoral students, we identify three tensions in doctoral studies in law. We explore how these tensions-between practice/theory structure/space, and supervisory/other relationships-emerge from the structure of doctoral studies in law and how they manifest themselves in the lived experience of doctoral students. We detail how these tensions are a product of the ambiguous and underexplored nature ofdoctoral studies in law. By making these tensions explicit, we encourage doctoral students, law professors and administrators …
Public Institutions As Defamation Plaintiffs, Hilary Young
Public Institutions As Defamation Plaintiffs, Hilary Young
Dalhousie Law Journal
This article focuses on public institutions' ability to sue in defamation. It has a descriptive and a normative section. The descriptive part begins with an analysis of the relevant law in several common law jurisdictions. The state of Canadian law is then examined. The normative section considers which public institutions should be prohibited from suing in defamation and why Whereas some case law suggests that a prohibition on public institution defamation actions should be grounded in the public importance of speech about such institutions, this article takes the position that that is unprincipled. Instead, the focus is on factors such …
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Dalhousie Law Journal
It is commonplace to affirm that animal law is much more developed in the United States than in Canada; animal abuser registries are being implemented,' animal law degrees are offered,2 and prosecutions ofanimal abusers occur frequently,3 for example. However, the tide is changing in Canada as well, the legal norms and case law becoming increasingly aligned with the social norms surrounding the treatment of animals. An example ofthis is the recent adoption by Quebec ofa new status for animals in its Civil Code, the Loi visant 1'amiliorationde la situationjuridiquede l'animal, adopted on December 4th, 2015.' There are also new challenges …