Bioethics

Legal Decision on Frozen Embryos: Malone v. Cappon

This blog explores the legal intricacies of the Malone v. Cappon case, specifically focusing on the challenges surrounding frozen embryos, jurisdictional issues, and the intersection of family law and reproductive technologies.

Unraveling the Abortion Debate in Canada: Shared Values and Nuanced Perspectives

In Canada, the perception of a heated abortion debate is challenged upon closer scrutiny. With minimal abortions occurring beyond 21 weeks and only 8% of Canadians opposing abortion entirely, Canadians are actually more aligned than we might think.

How Canada's Medically Assisted Death Laws Have Changed (Hint: Eligibility Has Expanded)

MAID is no longer available exclusively for individuals who are dying.

Can Someone Use Your Egg or Sperm After You Die to Have a Baby?

Can someone retrieve your sperm or egg from your body after you die - and use it to have a child? The answer is complicated.

What's the latest on medical assistance dying in Canada?

We are on the verge of MAiD becoming lawful for Canadians whose death is not reasonably foreseeable.

Is the law changing to permit physicians to remove ventilators?

Media is reporting that the government is considering removing the right of substitute decision-makers to consent to withdrawal of ventilators.

Canada is about to change who is eligible for medically assisted death

After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

Is it legal to retrieve sperm from a dead man – and use it to have a baby? The short answer is exactly what you’d expect from a lawyer: it depends. The long answer, for Canada at least, is that it depends on whether the deceased man put his wishes in writing and who would be using the sperm.

Can your ex legally refuse to vaccinate your kids?

An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.

Two upcoming fertility law events!

The week of November 19 is all about fertility law!

Doctors Required to Make “Effective Referrals” (even if they morally object to the service)

In Ontario, if a doctor has a religious, moral or ethical objection to providing a medical service, such as abortion or medical assistance in dying, they can refuse..

Does a “Do Not Resuscitate” Tattoo Have to be Followed?

A man in Florida tattooed “DO NOT RESUSCITATE” (often referred to as “DNR”) on his chest. Later in life he was brought into the emergency department in an unconscious state and his health care professionals were subsequently left to ponder whether they could – or should – honour his wish if his heart stopped.

Bill 160 could make it harder for families to protect loved ones with dementia

The Ontario government introduced a new bill (“Bill 160, Strengthening Quality and Accountability for Patients Act, 2017″) that, if passed, would create a variety of changes within our health care system

Assisted Human Reproduction Act Amendments on the Horizon: Have Your Say!

Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.

Assisted Dying: Ontario Court Clarifies Meaning of “Reasonably Foreseeable Death”

An Ontario Court has brought some clarity to confusing language in the Criminal Code that regulates medical assistance in dying in Canada.

Ontario proposes medical assistance in dying legislation

On December 7, 2016 the Ontario government introduced Bill 84, Medical Assistance in Dying Statute Law Amendment Act, 2016 to fill some gaps that were outside Parliament’s authority to legislate.

Should the “Death Care” Industry be Regulated?

There have been several media articles about “death doulas” or “death midwives”, who provide services to people who are dying and their families. The fact that many of these individuals are volunteers makes it clear they are driven by a passion to help. However, as a new field there are multiple legal issues that could pose problems for these service providers and the public alike.

Assisted Dying Law to be Challenged

On June 17, 2016, Bill C-14 passed and thus Canada now has legislation to govern physician-assisted deaths. On June 27, 2016, the British Columbia Civil Liberties Association launched a legal challenge to the new legislation.

Parliament Proposes Assisted Dying Law – how does that affect me?

Canada’s Parliament introduced medical assistance in dying legislation (Bill C-14).

Ontario Court Grants First Order Permitting Physician-Assisted Death

An Ontario court has granted its first order allowing a person to die with the assistance of a doctor.

Barriers becoming apparent for those seeking permission to die

People seeking permission to have a physician-assisted death are finding that there are many barriers to overcome before applying to court.

Court delays assisted-dying law by 4 months, but Quebec exempt and individuals can apply to court for special permission to access physician-assisted dying

The Supreme Court of Canada has decided to grant Parliament’s request to delay laws that would make physician-assisted suicide legal in Canada… in part.

Physician-assisted dying now legal in Quebec… or is it?

There is confusion about whether Quebec physicians can legally assist people to die between December 10, 2015 and February 6, 2016.

Should parents be allowed to stunt the growth of and sterilize their disabled child?

A New Zealand girl born with developmental disabilities is unable to speak, walk or see. In an effort to make her life better, her family decided to stunt her growth and remove her uterus.

Will My Doctor Be Allowed to Kill Me? And Other Questions about Physician-Assisted Suicide in Canada

In February 2016 physician-assisted suicide will be legal in Canada. And we need to talk about it.

Do you have an opinion about what Canada’s assisted dying laws should look like?

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Case Update: Aboriginal right to traditional medicine does not trump best interests of the child

The parents of an Aboriginal girl with cancer were allowed to refuse chemotherapy; the parties returned to court to have the judge clarify the decision.

Should we be allowed to deny our future selves food and water?

Which “self” should prevail if the future “self” is a different person?

Will there be a new Dr. Kevorkian?

The Supreme Court of Canada’s recent decision opens the door for physician-assisted suicide in Canada.

Supreme Court of Canada Rules to Permit Physician-Assisted Suicide: Carter v. Canada (Attorney General)

Assisted Suicide Bill on the Table… Again

Judge rules Aboriginal family can refuse chemotherapy for 11 year old

Calgary fertility clinic criticized for controversial policy ban on blending races

Lisa Feldstein published by Cancer Knowledge Network: “Legal Considerations before Freezing Embryos”

What happens when a child refuses life-saving treatment?

Lisa Feldstein on CBC’s The Current discussing assisted suicide in Canada

US cases force us to revisit the definition of death

What does the Rasouli decision mean for families in Ontario?

Quebec End of Life Bill Introduced