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Articles 61 - 69 of 69
Full-Text Articles in Medical Jurisprudence
The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen Flood, Joanna Erdman
The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen Flood, Joanna Erdman
Articles, Book Chapters, & Popular Press
In this research, we describe and analyse the Physician Services Committee (PSC) in Ontario, focusing on its role in determining what physician services are publicly funded and what services are de-listed (i.e. no longer eligible for public funding). We explain how the PSC's role in determining the boundaries of Medicare is in tension with its role as a medium for labour relations between the government and the medical profession. We suggest that while the values of privacy, secrecy and a lack of transparency may enhance the PSC's fulfillment of its labour relations mandate, they impede the Committee's successful fulfillment of …
Steering And Rowing In Health Care: The Devolution Option?, Colleen Flood, Joanna Erdman, Duncan Sinclair
Steering And Rowing In Health Care: The Devolution Option?, Colleen Flood, Joanna Erdman, Duncan Sinclair
Articles, Book Chapters, & Popular Press
Publicly funded health care systems are often the subject of heated policy debates. All too often (particularly in Canada), these debates focus on the prohibitive costs, the resultant taxation levels, and the questionable efficiency and outcomes associated with a publicly funded system. Moreover, the institutionalization of the system and the entrenchment of its many stakeholders make effecting change particularly difficult. In this article, the authors begin with an assessment of the drawbacks of the Canadian health care system in the federal-provincial context and its resulting gaps in governance (steering), in management (rowing), and in overall accountability (apart from that offered …
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Articles, Book Chapters, & Popular Press
The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …
Industry And The Academy: Conflicts Of Interest In Contemporary Health Research, Jocelyn Downie
Industry And The Academy: Conflicts Of Interest In Contemporary Health Research, Jocelyn Downie
Articles, Book Chapters, & Popular Press
The case of Dr. Nancy Olivieri, the Hospital for Sick Children (HSC), the University of Toronto, and Apotex Inc. (hereinafter the "Olivieri case") is critically important to an understanding of the issues central to contemporary health research and the safety of research participants. First, the case illustrates the huge stakes in such research – not only billions of dollars, but the health of Canadians. Second, the case played out at a crucial time in the history of the regulation of health research. Like other recent high-profile cases, it challenged the ways in which research is governed at the local and …
Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie
Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, we provide some background on the history of newborn screening and the legal context within which questions regarding consent must be answered, and then turn to the various arguments that can be made for and against the current approach to parental consent to genetic and metabolic tests administered as part of provincial/territorial newborn screening programs. In the end, we conclude that either practice should be changed to align it with current law such that explicit parental consent is sought for the established tests, or that advocates for maintaining current practices should lobby for legislation permitting newborn screening …
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Articles, Book Chapters, & Popular Press
In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …
Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood
Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood
Dalhousie Law Journal
The Canadian health care system is considered a shining example of what it is to be Canadian: to aspire to social justice goals and to achieve those goals at a reasonable cost.' Canadians take great pride in that, by any measure, their health care system is superior to the piece-meal, expensive, and unjust U.S. health care system.
Dna Technology: Are We Ready?, R. H. Guthrie
Dna Technology: Are We Ready?, R. H. Guthrie
Dalhousie Law Journal
It is a common practice to identify certain historical periods with the name of the most significant technological invention of the time. Thus, we have had an Industrial Revolution, an Age of Steam, the Automotive Age, and so on, up to the Atomic Age. We are now at the crossroads of a new age; the Age of Biology. This new age promises to be every bit as influential in terms of broad social impact as any of its predecessors, and may ultimately profoundly modify the way in which we define our lives. The hallmark of this new age is DNA …
Involuntary Psychiatry In Nova Scotia: The Review Board Reports (1979-1983) And Recent Proposals For Legislative Change, H Archibald Kaiser
Involuntary Psychiatry In Nova Scotia: The Review Board Reports (1979-1983) And Recent Proposals For Legislative Change, H Archibald Kaiser
Dalhousie Law Journal
The Nova Scotia Psychiatric Facilities Review Board, appointed under s. 53 of the Hospitals Act1, fulfils many vital functions affecting the treatment and liberty of the patient involuntarily confined in the psychiatric hospitals of the Province.2 Although its proceedings are held in camera,3 the Board fortunately publishes an Annual Report which is tabled in the House of Assembly.4 Neither lay persons aor lawyers are likely to scrutinize these documents and this Comment is intended in part to redress this regrettable disregard as well as to offer some critical remarks. They contain material which will both hearten and disturb the reader, …