Academic literature on the topic 'Legislation, Medical – Canada'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Legislation, Medical – Canada.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Legislation, Medical – Canada"
1
Schmeiser, Douglas A. "Living Wills and Medical Treatment of the Terminally Ill." Healthcare Management Forum 2, no. 3 (October 1989): 32–37. http://dx.doi.org/10.1016/s0840-4704(10)61226-4.
Full textAbstract:
A terminally ill individual may sign a living will, which is a document requesting to be allowed to die a natural death, have it witnessed and address this wish to a relative, physician, lawyer or medical facility. No legislation, however, exists in Canada concerning living wills. Consequently, establishing the legal situation is based on both legislative and non-legislative sources. This article explores implications of the Criminal Code, the application of rules of criminal and civil law, provisions of the Charter, living will legislation in the United States and the power of attorney approach regarding this controversial issue.
2
Villeneuve, Michael J. "Medical Assistance in Dying: A Review of Canadian Regulatory Documents." Policy, Politics, & Nursing Practice 21, no. 2 (May 2020): 56–59. http://dx.doi.org/10.1177/1527154420923733.
Full textAbstract:
After years of heated debate about the issue, medical assistance in dying (MAiD) was legalized in Canada in 2016. Canada became the first jurisdiction where MAiD may be delivered by nurse practitioners as well as physicians. Experience has revealed significant public demand for the service, and Canadians expect nurses to advocate for safe, high-quality, ethical practice in this new area of care. Pesut et al. offer a superb analysis of the related Canadian nursing regulatory documents and the challenges in creating a harmonized approach that arise in a federation where the Criminal Code is a federal entity and the regulation of health care providers and delivery of care fall under provincial and territorial legislation. Organizations like the Canadian Nurses Association contribute to the development of good legislation by working with partners to present evidence to help legislators consider impacts on public health, health care, and providers. Nursing regulators across Canada responded quickly to the unfolding policy landscape as the federal legislation evolved and will face that task again: In February 2020, the federal government tabled legislation to relax conditions related to MAiD requests that will force regulators and professional associations back to public advocacy and legislative tables. The success of the cautious approach exercised by nursing bodies throughout this journey should continue to reassure Canadians that their high trust in the profession is well placed.
3
Kiang, Milton. "Medical Mask Resellers Punished in Canada." Studia Humana 9, no. 2 (July 1, 2020): 69–74. http://dx.doi.org/10.2478/sh-2020-0014.
Full textAbstract:
AbstractIn times of pandemics or natural catastrophes, prices of commodities, such as water, food and medicines, tend to shoot up, in response to a surge in demand and depleting supplies. The government, in its misguided efforts to maintain “price affordability”, imposes price controls and anti-price-gouging legislation and bans the reselling of food and medical supplies. These interventions in the free market are the exact opposite of what the government should do, if it wants to ensure that enough commodities go to people who need them, that people do not hoard all available goods on grocery shelves, and most importantly, that suppliers have the incentive to produce more goods to meet current and future demand at market prices.
4
Singh, Harprit Kaur, Mary Ellen Macdonald, and Franco A. Carnevale. "Considering medical assistance in dying for minors: the complexities of children’s voices." Journal of Medical Ethics 46, no. 6 (April 24, 2020): 399–404. http://dx.doi.org/10.1136/medethics-2019-105762.
Full textAbstract:
Medical assistance in dying (MAID) legislation in Canada followed much deliberation after the Supreme Court of Canada’s ruling in Carter v. Canada. Included in this deliberation was the Special Joint Committee on Physician Assisted Dying’s recommendation to extend MAID legislation beyond the inclusion of adults to mature minors. Children's agency is a construct advanced within childhood studies literature which entails eliciting children’s voices in order to recognise children as active participants in constructing their own childhoods. Using this framework, we consider the possible extension of MAID legislation to most minors. We highlight important questions regarding how insights from children’s voices could be mobilised in the life or death context of MAID. We conclude that children’s voices have the potential to help determine their eligibility for MAID; however, incorporating children's voices in the context of MAID requires careful consideration due to the complexity of voice.
5
BROWNE, ALISTER, and J. S. RUSSELL. "Physician-Assisted Death in Canada." Cambridge Quarterly of Healthcare Ethics 25, no. 3 (June 27, 2016): 377–83. http://dx.doi.org/10.1017/s0963180116000025.
Full textAbstract:
Abstract:The Criminal Code of Canada prohibits persons from aiding or abetting suicide and consenting to have death inflicted on them. Together, these provisions have prohibited physicians from assisting patients to die. On February 6, 2015, the Supreme Court of Canada declared void these provisions insofar as they “prohibit physician-assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.” This declaration of invalidity was scheduled to take effect one year (later extended by six months) after the ruling, to give the government time to put legislation in place. We trace the history of this decision, discuss how it has forever changed the debate on physician-assisted dying, and identify the issues that must be resolved to write the legislation. Of special importance here are the topics of access, safeguards, and conscientious objection.
6
Wiebe, Sarah. "Producing Bodies and Borders: A review of immigrant medical examinations in Canada." Surveillance & Society 6, no. 2 (February 27, 2009): 128–41. http://dx.doi.org/10.24908/ss.v6i2.3253.
Full textAbstract:
Anxiety about our borders is not a new phenomenon. Distrust of immigrants, external threats, fraud and efforts to secure borders to deflect risky outsiders features prominently in political paranoia today and has since the fortification of state boundaries. This article is concerned with such anxiety and paranoia as it shapes Canadian political discourse, policy and practice in efforts to secure our borders and keep out potential risks. These risks – the poor, the unhealthy, the fraudulent – operate as real concerns for our political elite. Despite liberalized changes to border technologies, specifically citizenship and immigration legislation and practice, I argue that the assumptions about these ‘risks’ remain.
7
Gaind, K. "Medical assistance in dying: The Canadian experience." European Psychiatry 41, S1 (April 2017): S336—S337. http://dx.doi.org/10.1016/j.eurpsy.2017.02.289.
Full textAbstract:
Canada is in the midst of implementing new and rapidly evolving policies on medical assistance in dying (MAID). Following the landmark Canadian Supreme Court Carter v. Canada ruling in February 2015, the former prohibition against physician-assisted death was deemed to violate the Canadian Charter of Rights and Freedoms. The Court provided until 2016 for development of national legislation and policies that allowed for physician-assisted dying in cases of “grievous and irremediable” illness and “intolerable suffering”. This session will review shifting public, societal and medical concepts regarding assisted dying and the Canadian experience to date, including evolving local and national policies that have been developed to allow medical assistance in dying in certain circumstances. We will also review work of the Canadian psychiatric association task force on medical assistance in dying (presented by the Task Force Chair), with a focus on challenges and issues relevant to mental health and mental illness.Disclosure of interestThe author has not supplied his declaration of competing interest.
8
BROWNE, ALISTER, and J. S. RUSSELL. "How to Legalize Medically Assisted Death in a Free and Democratic Society." Cambridge Quarterly of Healthcare Ethics 29, no. 3 (June 2, 2020): 361–68. http://dx.doi.org/10.1017/s0963180120000080.
Full textAbstract:
AbstractIn 2015, the Supreme Court of Canada struck down the criminal law prohibiting physician assisted death in Canada. In 2016, Parliament passed legislation to allow what it called ‘medical assistance in dying (MAID).’ The authors first describe the arguments the Court used to strike down the law, and then argue that MAID as legalized in Bill C-14 is based on principles that are incompatible with a free and democratic society, prohibits assistance in dying that should be permitted, and makes access to medically-assisted death unnecessarily difficult. They then propose a version of MAID legislation (‘Ideal MAID’) that gives proponents and opponents of MAID everything they can legitimately want, contend that it is the only way to legalize MAID that is compatible with a free and democratic society, and conclude that it is the way to legalize MAID in Canada and other similarly free and democratic societies.
9
Simpson, Alexander I. F. "Medical Assistance in Dying and Mental Health: A Legal, Ethical, and Clinical Analysis." Canadian Journal of Psychiatry 63, no. 2 (December 7, 2017): 80–84. http://dx.doi.org/10.1177/0706743717746662.
Full textAbstract:
Medical assistance in dying (MAiD) legislation is now over a year old in Canada, and consideration is turning to whether MAiD should be extended to include serious mental illness as the sole qualifying condition for being eligible for MAiD. This article considers this question from ethical and clinical perspectives. It argues that extending the eligibility for MAiD to include those with a serious mental illness as the sole eligibility criterion is not ethical, necessary, or supported current psychiatric practice or opinion.
10
Oliphant, Allyson, and Andrea Nadine Frolic. "Becoming a medical assistance in dying (MAiD) provider: an exploration of the conditions that produce conscientious participation." Journal of Medical Ethics 47, no. 1 (May 5, 2020): 51–58. http://dx.doi.org/10.1136/medethics-2019-105758.
Full textAbstract:
The availability of willing providers of medical assistance in dying (MAiD) in Canada has been an issue since a Canadian Supreme Court decision and the subsequent passing of federal legislation, Bill C14, decriminalised MAiD in 2016. Following this legislation, Hamilton Health Sciences (HHS) in Ontario, Canada, created a team to support access to MAiD for patients. This research used a qualitative, mixed methods approach to data collection, obtaining the narratives of providers and supporters of MAiD practice at HHS. This study occurred at the outset of MAiD practice in 2016, and 1 year later, once MAiD practice was established. Our study reveals that professional identity and values, personal identity and values, experience with death and dying, and organisation context are the most significant contributors to conscientious participation for MAiD providers and supporters. The stories of study participants were used to create a model that provides a framework for values clarification around MAiD practice, and can be used to explore beliefs and reasoning around participation in MAiD across the moral spectrum. This research addresses a significant gap in the literature by advancing our understanding of factors that influence participation in taboo clinical practices. It may be applied practically to help promote reflective practice regarding complex and controversial areas of medicine, to improve interprofessional engagement in MAiD practice and promote the conditions necessary to support moral diversity in our institutions.
Dissertations / Theses on the topic "Legislation, Medical – Canada"
1
Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.
Full textAbstract:
This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
2
Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
Full textAbstract:
This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
3
Rush, Joan L. "Stillborn autonomy : why the Representation Agreement Act of British Columbia fails as advance directive legislation." Thesis, 2005. http://hdl.handle.net/2429/17543.
Full textAbstract:
An advance directive is an instruction made by a competent person about his or her
preferred health care choices, should the person become incapable to make treatment
decisions. Legal recognition of advance directives has developed over the last half
century in response to medical advances that can prolong the life of a patient who is no
longer sentient, and who has decided to forego some or all treatment under such
circumstances. Two types of directive have emerged in the law: an instructional
directive, in which a person sets out treatment choices, and a proxy directive, which
enables the person to appoint a proxy to make treatment decisions.
Development of the law has been impeded by fear that advance directives diminish
regard for the sanctity of life and potentially authorize euthanasia or assisted suicide. In
Canada, this fear explains the continued existence of outdated criminal law prohibitions
and contributes to provincial advance directive legislation that is disharmonized and
restrictive, in some provinces limiting personal choice about the type of advance directive
that can be made. The British Columbia Representation Agreement Act (RAA)1 is an
example of such restrictive legislation. The RAA imposes onerous execution
requirements, is unduly complex and restricts choice of planning instrument.
Respect for patient autonomy requires that health care providers honour patients'
prospective treatment preferences. Capable persons must have ready access to a choice
of health care planning instruments which can be easily executed. B.C. should
implement advance directive legislation that meets the needs and respects the autonomy
of B.C. citizens. The Criminal Code must be amended to eliminate physicians' concern
about potential criminal liability for following an advance directive. Advance directive
legislation across Canada should be harmonized. Finally, health care providers should
receive training on effective ways to communicate with patients about end-of-life
treatment decisions to ensure that patients' health care choices are known and respected.Law, Peter A. Allard School of
Graduate
4
"Accommodation of religious and cultural differences in medical school training." Thesis, 2014. http://hdl.handle.net/10388/ETD-2014-01-1446.
Full textAbstract:
As with many other disciplines, the study of medicine is being influenced by the change in the cultural make-up of our country. On occasion, conflicts may develop between the personal beliefs of medical students and the training they must undertake in order to become competent and caring physicians. What are the implications for medical school training in terms of the increasing diversity of the individuals applying to, and being accepted into, medical schools across this country? How much should we allow the personal beliefs and values of physicians-in-training to modify the medical education experience as it currently exists? Do we need to accommodate these individual student differences (religious and cultural) when designing and modifying the medical school curriculum?
This thesis looks at the requirement for accommodation (as established in human rights legislation) and the rights of individuals entering into medical school training (as guaranteed by the Canadian Charter of Rights and Freedoms) and attempts to balance these individual rights against the goal of a medical school to develop a generic physician who is prepared, at completion of medical school training, to enter into many different post-graduate training programs. Medical school training involves a number of different types of learning including: knowledge acquisition, procedural competence, and the ability to interact in an intimate, yet wholly professional, manner with complete strangers. Current accreditation requirements demand that each medical student achieves a requisite level of knowledge, and the ability to perform certain physical examinations and associated procedures, by the completion of medical school training.
Three distinct examples of possible requests for accommodation are examined during this thesis in order to determine if, and when, accommodation is reasonable and achievable. Although it is possible to allow some degree of modification of the medical school training process in order to accommodate religious or cultural beliefs of particular students, this accommodation is currently not possible if bona fide educational requirements are undermined during this accommodation or if accommodation of students would require undue hardship on the part of the particular medical school, staff or other students involved in the training process.
Creating a standard process whereby students can request a modification of their involvement in the medical school curriculum (in order to accommodate religious or cultural differences) will facilitate unbiased and reasonable decision-making. This will allow students and faculty to have reasonable expectations about the ability of each individual to be successfully integrated into the medical school training program. It would also be useful and responsible to make it clear to students applying to be admitted to medical school where the limits are with respect to what degree of modification of medical school training is possible. The knowledge and clinical abilities that a student will be expected to master, within a Canadian medical school curriculum, must be consistent with the expectation of non-discrimination, as identified by provincial and national human rights legislation, and with the rights and freedoms as guaranteed by the Canadian Charter of Rights and Freedoms.
Books on the topic "Legislation, Medical – Canada"
1
Rosenbaum, Paul. Medicare in Canada. Ottawa: Library of Parliament, Research Branch, 1987.
Find full text
2
Parliament, Canada Library of. Medicare in Canada. Ottawa: Library of Parliament, 1988.
Find full text
3
Gilbert, Sharpe, ed. The law & medicine in Canada. 2nd ed. Toronto: Butterworths, 1987.
Find full text
4
Madore, Odette. The Canada Health Act: Overview and options. Ottawa: Library of Parliament, Research Branch, 1995.
Find full text
5
Dugan, Holly. Life-sustaining technologies and the elderly: Legal issues : Canada. [Washington, D.C.?: Office of Technology Assessment, 1989.
Find full text
6
Dugan, Holly. Life-sustaining technologies and the elderly: Legal issues : Canada. [Washington, D.C.?: Office of Technology Assessment, 1989.
Find full text
7
Dugan, Holly. Life-sustaining technologies and the elderly: Legal issues : Canada. [Washington, D.C.?: Office of Technology Assessment, 1989.
Find full text
8
Dugan, Holly. Life-sustaining technologies and the elderly: Legal issues : Canada. [Washington, D.C.?: Office of Technology Assessment, 1989.
Find full text
9
Dugan, Holly. Life-sustaining technologies and the elderly: Legal issues : Canada. [Washington, D.C.?: Office of Technology Assessment, 1989.
Find full text
10
Tough choices: Living and dying in the twenty-first century. Toronto: Irwin Law, 1999.
Find full textBook chapters on the topic "Legislation, Medical – Canada"
1
Fade, Premila. "Women's Health Informatics." In Medical Informatics in Obstetrics and Gynecology, 13–36. IGI Global, 2009. http://dx.doi.org/10.4018/978-1-60566-078-3.ch002.
Full textAbstract:
Principlism (derived from common sense morality) is the most common theory used within the healthcare sphere. The elements of this theory are explored and discussed in context. A theoretical woman presenting in pregnancy is used to identify issues which can arise and explore the potential conflicts. In the second half of the chapter, health informatics and the law are discussed. Issues such as consent, confidentiality, privacy, and human rights are discussed in general. Legislation in the United Kingdom, United States, Canada, Australia, and New Zealand are discussed in detail.
2
Bauder, Harald. "Discourse of Foreign Farmworkers." In Labor Movement. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780195180879.003.0018.
Full textAbstract:
In 1995, the Ontario provincial government, under conservative premier Mike Harris, repealed legislation put in place the year before by the former central-left government of Bob Rae that protected Ontario’s agricultural workers under the province’s labor code. Migrant workers were also affected by this legislation. In late April 2001, Mexican workers staged a two-day strike in a Leamington greenhouse, and in May 2001, approximately 100 Mexican offshore farmworkers protested in Leamington against substandard working and living conditions, including the lack of safety protection against pesticides, overcrowded living spaces, long working hours, no overtime pay, insufficient medical care, unfair government paycheck deductions, and threats of deportation to their home countries. After these events, some of the protesters were dismissed from the offshore program and sent back to Mexico. The media reports on these protests varied widely. Reports were either sympathetic to the workers’ concerns, or they condemned the protests as unjustified nagging by a small minority of angry workers. Several of the newspaper reports that were sympathetic to the protesting workers (e.g., Kitchener-Waterloo [Ontario] Record 2001; St. Catharines [Ontario] Standard 2001) presented the same quote from an anonymous migrant worker who criticizes the unfair treatment of foreign migrant workers by Canadian employers: “What I’ve realized here in Canada is that employers don’t hire us as human beings. They think we’re animals. . . . The first threat that they always make is that if you don’t like it, you can go back to Mexico.” In a report about the same protests, the Windsor (Ontario) Star quoted farmworkers who articulated similar concerns: “‘Growers don’t care whether you’re injured or not, they only care when you’re healthy,’” and “[the grower] said, ‘If you don’t work faster, you’ll be sent back to Mexico’” (Welch 2001). Other articles gave the events a different spin. A fact-finding mission after the protests uncovered that only a few migrant workers filed formal complaints against their employers. The lack of complaints was interpreted as assurance that workers were satisfied with their employment circumstances.
3
Shelly, Marita. "Digital Death." In Legal Regulations, Implications, and Issues Surrounding Digital Data, 23–40. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-3130-3.ch002.
Full textAbstract:
An increasing use of social media platforms and other mobile applications (apps) has led to the creation, purchase, storage, and use of online information and data including personal or financial information, email communications, photographs, or videos. The purposes of this chapter are to discuss digital property and to determine whether under estate planning and administration law digital property can be inherited like other real and personal property. This chapter will examine relevant legislation in Australia, United States (US), and other jurisdictions including Canada, as well as legal cases that have discussed the issue of accessing or transferring digital property held by service providers such as Facebook. It will also discuss examples of service providers' terms of use and whether these terms allow for digital property to be accessed by a third party. It will conclude with recommendations about how an individual can manage their digital property as part of their will or estate.
4
Sperling, Daniel. "Empirical Analysis of Suicide Tourism." In Suicide Tourism, 137–78. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198825456.003.0006.
Full textAbstract:
This chapter provides an empirical analysis of suicide tourism. It includes extracts of interviews with key stakeholders in the field of assisted suicide from around Europe. In many countries, there have been legal and public proceedings discussing end-of-life issues (notably assisted suicide), accompanied by varied media coverage of stories of suicide tourism. In some cases, for example Canada, suicide tourism was a social phenomenon that the legislator wanted to prevent while legalizing assisted suicide. In others, especially the UK and Germany, suicide tourism was referred to by opponents or supporters of proposed laws to legalize or criminalize assisted suicide. This chapter reflects on the fact that, despite these proceedings and the many arguments raised by campaigners to change existing prohibitions against assisted suicide in countries of origin, the law in these countries has not changed, and in some cases its position on assisted suicide has become more prohibitive.
Conference papers on the topic "Legislation, Medical – Canada"
1
Gibbons, Clare, Wai Lun Alan Fung, Blair Henry, and Sherali Esmail. "H15 A multidisciplinary huntington disease clinic’s experience with the new canadian legislation allowing medical assistance in dying." In EHDN 2018 Plenary Meeting, Vienna, Austria, Programme and Abstracts. BMJ Publishing Group Ltd, 2018. http://dx.doi.org/10.1136/jnnp-2018-ehdn.195.
Full text