HLTH 4040 Reading Schedule Fall 2014

Week

Topic

Sept 11

Introduction to
Health Law and
the Canadian
Legal System

Required Reading
Lecture 1, posted at BLS/OWL

Suggested Reading
Glossary of Terms

Introduction Canadian
Health Law and Policy 4th Ed.
xxxii-xxxiv and Chapter 1 pp
1-30

How a Bill Becomes a Law

Sources of Law and Canadas

System of Justice Links
Constitution Act, 1867 review
text of ss 91 and 92

Canadas Court System

First Nations Prime Ground for
H1N1 Pandemic (2009)
Aboriginal Health: A patchwork
of policies and legislation.(2011)
C. MacIntosh, Envisioning the
Future of Aboriginal Health
under the Health Transfer
Process

Sept
18

Canadas Health
Care System

Lecture 2, posted at BLS/OWL

Chaoulli (2005, SCC)

Ch 1, Canadian Health Law

and Policy 4th Ed. pp 31-73

Health Authorities Act and Health

Services and Insurance Act
review links

Case summary for Cameron v.

Nova Scotia (1999, NSCA)

C. Flood, Strengthening the

Foundations: Modernizing the
CHA
N. Ries, The Uncertain State of
the Law Regarding Health Care
and s. 15 of the Charter

Lecture 3, posted at BLS/OWL

Sept
25

The Regulation
of Health Care
Professionals

Ch 2 - Canadian Health Law

and Policy 4th Ed.
Review legislation that governs
your profession and/or Codes
of Ethics/Standards of Care
(many of the relevant web links
provided are provided in course

Osif v. College of Physicians and

Surgeons of Nova Scotia, 2009
NSCA 28
Collaborative Self-Regulation and
Professional Accountability in
Nova Scotias Health Care
System (2009) read pp 14-18
and Appendix B

folder)
Review Regulated Health
Professions Network Act

Regulatory and medico-legal

barriers to inter-professional
practice, William Lahey and
Robert Currie, UNSW Journal of
Interprofessional Care, 2005,
Vol.19(S1), p.197-223 - you will
need to access this via novanet.
Uncomfortable Positions:
Consumer Comments on
Midwifery Implementation in
Nova Scotia (2010)

Lecture 4, posted at BLS/OWL

Oct 2

Professional
Negligence and
Malpractice

Ch 3 - Canadian Health Law

and Policy 4th Ed.
Snell v. Farrell (1990) case
summary

Midwifery in Nova Scotia

report (2011)
Robinson v. Sydenham District
Hospital (2000)
Bowlby v. Oosterhuis (2003)
Contributory Negligence Act (NS)
Human Rights Act (NS)

Athey v. Leonati, [1996] 3

S.C.R. 458, paras 12-20, 34-36,
46-47.

Bill 64 Limitations of Actions

Act (NS) 2015 and info guide.

Resurfice Corp. v. Hanke 2007

SCC 7, paras 18-29.

Lecture 5, posted at BLS/OWL

Oct 9

Informed
Consent

Ch 4 - Canadian Health Law

and Policy 4th Ed.
Case summaries for:

Reibl v. Hughes (1980);

Arndt v. Smith (1997)

Norberg v. Wynrib (SCC)

Living Organ Donation: Consent

Challenges

Ch 4 pp 159-162 and Ch 9 pp
387-405 (skim pp 397-405 as

Case Summaries: Advance

Directives, DNR Orders, and
Withdrawing and Withholding
Potentially Life-Sustaining

Ciarlariello v. Schacter
(1993)
Lecture 6, posted at BLS/OWL
Oct 16

Case Summaries: Advance

Directives, DNR Orders, and
Withdrawing and Withholding
Potentially Life-Sustaining
Treatment Cases (contains a
useful summary of Ciarlariello
etc.) See Oct 30 folder for link.

Capacity

will revisit later)

Director of Child and Family
Services v. A.C., (2009, SCC),
paras 1-121 and 190-237.
Personal Directives Act (NS)
2008
B.M. v K.S., 2015 NSSC 105
case summary

Treatment Cases. See Oct 30

folder for the link.
B.(S.J.) v. B.C. (Director of Child,
Family and Community Services
(2005), paras 7-40 and 56-72.
Bioethics for Clinicians
Substitute Decision-Making
Ontario Consent and Capacity
Board About Us (web link)

MIDTERM - no assigned readings

Oct 23

Oct 30

Mental Health
Issues

Lecture 7, posted to BLS/OWL

CMHA Community Committal

Ch 8 - Canadian Health Law

and Policy 4th Ed.

Involuntary Psychiatric
Treatment Act NS

Starson v. Swayze (2003, SCC).

paras 61-120 (omit paras 115117). Read also summary/case
note of the dissent (look for it
at the beginning of the case)
and read the conclusion at
paras 54-58.

Ontario Consent and Capacity

Board About Us (web link)

Perspectives: Starson and

Swayze by R. Sklar

Mazzei v. Director of F.P.I. (SCC,

2006) and R v. Winko (SCC,
1999)
Legislated Review of CTOs final
report (2012)
Trueman, S. - CTOS and NS: the
least restrictive alternative?

Lecture 8, posted at BLS/OWL

Nov 6

Privacy,
Confidentiality
and Record
Keeping in the

Ch 6 - Canadian Health Law

and Policy 4th Ed.

Case Summaries: Advance

Directives, DNR Orders, and
Withdrawing and Withholding
Potentially Life-Sustaining
Treatment Cases (contains
summaries of Starson and
Fleming v. Reid cases among
others)
PIPEDA and FOIPOP links it is
highly recommended to have a
look
Health Information Protection

Health Care
Profession

McInerney v. Macdonald
(1992, SCC) - Case summary

Act Custodian Toolkit

Other provincial legislation links

CPSNS Policy on the Content

and Maintenance of Medical
Records 2013

Nov 13

End of Life
Decision-making
in Health Care

Review Personal Health

Information Act (NS) 2013
Lecture 10, posted at
BLS/OWL
Ch 9 - Canadian Health Law
and Policy 4th Ed.
Case summaries:

Nov 20

Nov 27

The Regulation
of Human
Biomedical
Research in
Canada

Is there a right to
health?

Rodriguez v. British
Columbia (1993, SCC)
R v. Latimer (2001, SCC)
Carter v. Canada (Attorney
General), 2015 SCC 5

Lecture 11, posted at

BLS/OWL
Ch 10 - Canadian Health Law
and Policy 4th Ed.

Lecture 12, posted at

BLS/OWL.

Ch 14 - Canadian Health
Law and Policy 4th Ed.

Canada (Attorney
General) v. PHS
Community Services
Society, [2011] 3 S.C.R.
134 - skim paras 1-20, 3744, and read paras 84-140

Carter v. Canada (Attorney

General), 2012 BCSC 886 - this
is the lower court decision. You
may find it helpful with respect to
the facts/ethical issues and
comparisons with other countries.
CMA Euthanasia and Assisted
Suicide Policy (2014)
Royal Society of Canada Expert
Panel: End of Life Decisionmaking (2011)
Sneiderman article Dr. Nancy
Morrison
See also Case Summaries from
October 30 folder.
Tri-Council Policy Statement;
FDA Clinical Trial Regulations
and GCP Guidelines
Health Research Ethics Authority
Act, S.N.L. 2006, c. H-1.2
CIHR Best Practices in Protecting
Privacy in Health Research
Martha Jackman, Charter Review
as a Health Care Accountability
Mechanism in Canada, Health
Law Journal 18 (2010) pp 1-29.

Chaoulli (2005, SCC)

Toussaint v. Attorney General
of Canada , 2011 FCA 213
review paras 56-111

Flora v. Ontario Health

Insurance Plan, 2008 ONCA

and 156.
Canadian Doctors for
Refugee Care v. Canada
(AGC) 2014 FC 651 read
introduction paras 1-16,
and Part III Background
paras 31-80, Skim Part VII,
IX, X, XI, XII, XIII and
XIV (the international law
and s. 7, 12 and 15 Charter
analysis pick one of the
above sections to read
carefully:
Intl law, paras 441- 475
Section 7, paras 493 - 571
Section 12, paras 572 - 691
Section 15, paras 692 851
FINAL EXAM

Dec 11

538 - review paras 1-24 and

93-112