Download or read book The Criminal Law Power and the Assisted Human Reproduction Act written by Marlisa Tiedemann and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Legitimacy and Illegitimacy of the Assisted Human Reproduction Act microform written by Cindy Belanger and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliament's reliance on its criminal law power to intervene in the field of new reproductive technologies raises several division-of-powers questions. Neither theoretical rationales nor jurisprudential principles can justify the extensive recourse to criminal law undertaken by the federal Parliament. The expansion of the scope of this power endangers federalism because it annihilates the balance between the two orders of legislative power, allowing Parliament to legislate in exclusive provincial matters. Parliament fails to respect the principle that criminal law must be used with restraint and only when fundamental values are seriously at risk; the Act imposes criminal sanctions for minor threats, undermining the efficacy of criminal law as a mean of social control. Also, the delegation of regulatory power to the executive branch of the government is questionable, along with the validity of the equivalency agreement mechanism that confers to Parliament the authority to overlook valid provincial legislations.
Download or read book Regulating Creation written by Trudo Lemmens and published by University of Toronto Press. This book was released on 2017-01-23 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.
Download or read book Legal status at the federal level of Assisted Human Reproduction in Canada written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government of Canada appealed a Quebec Court of Appeal decision regarding the constitutionality of the Act to the Supreme Court of Canada in 2008. [...] After the bill received Royal Assent, the Attorney General of Quebec submitted a constitutional question to the Quebec Court of Appeal challenging the validity of certain provisions of the Assisted Human Reproduction Act.15 Initially, only sections 8 to 12 of the AHRA were disputed as being ultra vires (outside the legislative power of) Parliament; this was later expanded to include sections 13 to [...] However, "the exemption must merely permit derogation from the general prohibition and not constitute the basis of the statute in question ... [t]hat is the difference between a criminal law and a regulatory statute."18 3.1.2 PURPOSE AND EFFECTS OF THE ASSISTED HUMAN REPRODUCTION ACT After reviewing the context of the AHRA, the Court concluded that the legislation was not a valid exercise of Parliam [...] The appropriateness of a single piece of legislation applying to Canada as a whole and regulating a permitted and recognized activity is not a purpose that confers criminal law jurisdiction.19 3.2 THE SUPREME COURT OF CANADA DECISION The Attorney General of Canada appealed the Quebec Court of Appeal's opinion to the Supreme Court of Canada. [...] The Court was split three ways: four judges rendered the opinion that all of the impugned provisions of the AHRA were valid, four judges concluded that all of the impugned provisions were ultra vires Parliament on the basis that they were not a valid exercise of the federal criminal law power, and one judge concluded that some of the impugned provisions were valid while others were ultra vires.
Download or read book Assisted Reproduction Policy in Canada written by Dave Snow and published by Collected Works of Erasmus. This book was released on 2018-09-20 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major exploration of the Canada's assisted reproduction policy at the national and provincial levels. It explains the reasons that led to the federal government's failed national framework, and the legacy it left behind.
Download or read book Bill C 13 written by Monique Hébert and published by . This book was released on 2003 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bill C-13 would prohibit certain activities and would regulate others with respect to assisted human reproduction & related research. This document begins with a legislative history of the Bill. It then describes & analyzes provisions of the bill related to such matters as prohibited & controlled activities, ministerial responsibility, privacy & access to information, establishment of an Assisted Human Reproduction Agency, administration, inspection & enforcement, offences, regulatory powers, parliamentary review and consequential amendments. The commentary section reviews reaction to the Bill from interested parties. A chronology of related federal government actions is appended.
Download or read book Assisted Reproduction Policy in Canada written by Dave Snow and published by University of Toronto Press. This book was released on 2018-08-24 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government’s policy failure can be traced to its contradictory "policy framing," which sent mixed messages about the purposes of the legislation. In light of the federal government’s diminished role, Snow examines how other institutions have made policy in this emerging field. Snow finds provincial governments, medical organizations, and even courts have engaged in considerable policymaking, particularly with respect to surrogacy, parentage, and clinical intervention. The result—a complex field of overlapping and often conflicting policies—paints a fascinating portrait of different political actors and institutions working together. Accessibly written yet comprehensive in scope, Assisted Reproduction Policy in Canada highlights how paying attention to multiple policymakers can improve our knowledge of health care regulation.
Download or read book Regulating Creation written by Trudo Lemmens and published by University of Toronto Press. This book was released on 2017-01-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulating Creation is a collection of essays featuring contributions by Canadian and international scholars. It offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies.
Download or read book The Applicability of Co operative Federalism written by David A. M. Seccareccia and published by . This book was released on 2013 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court's verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government's criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental relations. The nature and extent of the role played by co-operative federalism will be determined through an examination of 1) the history of co-operative federalism in Canada; 2) a discussion concerning co-operative federalism as a concept; 3) an examination of competitive federalism, the central opposing theory to co-operative federalism; 4) the development and implementation of the Assisted Human Reproduction Act; 5) the events that occurred prior to, during, and after the Supreme Court ruling in 2010, and critical commentary on that decision; and 6) the potential implications that the Supreme Court opinion may have on future federalism disputes in Canada.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Download or read book Three Bio realms written by G. Bruce Doern and published by University of Toronto Press. This book was released on 2012-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology has become one of the most important issues in public policy and governance, altering the boundaries between the public and the private, the economic and the social, and further complicating the divide between what is scientifically possible and ethically preferred. Given the importance of biotechnology in shaping relations between the state, science, the economy, and the citizenry, a book that explores the Canadian biotechnology regime and its place in our democracy is timelier than ever. Three Bio-Realms provides the first integrated examination of the thirty-year story of the democratic governance of biotechnology in Canada. G. Bruce Doern and Michael J. Prince, two recognized specialists in governance innovation and social policy, look at particular 'network-based' factors that seek to promote and to regulate biotechnology inside the state as well as at broader levels. Unmatched by any other book in its historical scope and range, Three Bio-Realms is sure to be read for years to come.
Download or read book High Time written by Andrew Potter and published by McGill-Queen's Press - MQUP. This book was released on 2019-03-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada has become the first G7 country to legalize cannabis, and the world is watching. The primary concern facing the Liberal government as it seeks to fulfill its 2015 campaign promise to “legalize, regulate, and restrict access to marijuana” is whether it can be done without making the situation worse. As the Liberal platform pointed out, the current regime lets illegal cannabis fall into the hands of minors, pours large profits into organized crime, and traps many people in the criminal justice system for what is arguably a victimless crime. While the legalization of marijuana in Canada begins with a straightforward change of the criminal code, its ramifications go far beyond this. Legalization will have a serious impact on the country's international treaty commitments, interprovincial relations, taxation and regulatory regimes, and social and health policies. The essays in this book address these outcomes from three main perspectives: the decades-long political path to legalization; the assumptions that underwrite the new policy, in particular the desire to stamp out the black market; and how legalization in Canada looks in an international context. Bringing together analysis by policy makers and scholars, including the architect of marijuana legislation in Portugal – a trailblazing jurisdiction – High Time provides an urgent and necessary overview of Canada's Cannabis Act.
Download or read book Health Care Federalism in Canada written by Katherine Fierlbeck and published by McGill-Queen's Press - MQUP. This book was released on 2013-12-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that Ottawa has left health care to the provinces, what is the future for Canadian health care in a decentralized federal context? Is the Canada Health Act dead? Health Care Federalism in Canada provides a multi-perspective, interdisciplinary analysis of a critical juncture in Canadian public policy and the contributing factors which have led to this point. Social scientists, legal scholars, health services researchers, and decision-makers examine the shift from a system where Ottawa has played a significant, sometimes controversial role, to one where provinces have more ability to push health care design in new directions. Will this change inspire innovation and collaboration, or inequality and confusion? Providing an up-to-date analysis of health care policy and intergovernmental relations at a crucial time, Health Care Federalism in Canada will be of interest to anyone concerned with the current dynamics and future potential of Canadian health care. Contributors include Greg Marchildon (Canada Research Chair at the Johnson-Shoyama Graduate School of Public Policy in Saskatchewan), Ken Boessenkool (public affairs strategist and former political advisor to Stephen Harper), Adrian Levy (Professor and Head, Department of Community Health and Epidemiology at Dalhousie University), Boris Sobolev (Canada Research Chair at the School of Public and Population Health, University of British Columbia), Gail Tomblin Murphy (Director, WHO Collaborating Centre for Health Workforce Planning and Research), and David Haardt (Department of Economics, Dalhousie University).
Download or read book Manitoba Law Journal Underneath the Golden Boy 2018 Volume 41 1 written by Bryan P. Schwartz, et al. and published by Manitoba Law Journal. This book was released on with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underneath the Golden Boy series of the Manitoba Law Journal reports on developments in legislation and on parliamentary and democratic reform in Manitoba, Canada, and beyond. This issue has articles from a variety of contributing authors including: Bryan P. Schwartz, Darcy L. MacPherson, Richard H. Helmmoltz, Jennifer L. Schulz, Richard Jochelson, David Ireland, John Burchill, Gerard J. Kennedy, Virginia Torrie, Ben Wickstrom, Yassir Alnaji, and Constancia Smart-Carvalho.
Download or read book Big Picture Bioethics Developing Democratic Policy in Contested Domains written by Susan Dodds and published by Springer. This book was released on 2016-07-27 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of how to make democratically-legitimate public policy on issues of contentious bioethical debate. It focuses on ethical contests about research and their legitimate resolution, while addressing questions of political legitimacy. How should states make public policy on issues where there is ethical disagreement, not only about appropriate outcomes, but even what values are at stake? What constitutes justified, democratic policy in such conflicted domains? Case studies from Canada and Australia demonstrate that two countries sharing historical and institutional characteristics can reach different policy responses. This book is of interest to policymakers, bioethicists, and philosophers, and will deepen our understanding of the interactions between large-scale socio-political forces and detailed policy problems in bioethics. asdf
Download or read book Common Law and Modern Society written by Mary Arden and published by Oxford University Press. This book was released on 2015-12-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
