Uncovering the “Secrecy Loophole” in Quality of Care Investigations: The Path to Reforming “QCIPA” August 14, 2015 Edward Mancinelli On March 4, 2015, the Ministry of Health and Long-Term Care announced the release of its review report of the quality improvement legislation, namely, the Quality of Care Information Protection Act, 2004.
The Right to Die: An Analysis of Physician Assisted Dying Legislation March 19, 2015 Tania Yousaf This article explores the existing legislation in The Netherlands, Washington state and the proposed Quebec legislation with respect to physician assisted dying in light of the Carter decision and how the federal and provincial governments can look to this legislation for guidance.
Canada's Absolute Criminal Prohibition On Physician Assisted Death Is Unconstitutional March 04, 2015 Angus M. Gunn, QC, Christopher Bredt, Margot Finley and Duncan AW Ault. The following is a summary of the Supreme Court of Canada's decision in Carter v. Canada (Attorney General), 2015 SCC 5.
Considerations to Inform the Regulatory and Legislative Dialogue on Carter v. Canada (Attorney General) March 04, 2015 Alice Melcov The following article outlines five considerations that both provincial and national decision-makers could take into account as they move forward on post-Carter developments.
Program Review: Understanding Recent and Proposed Changes to the Regulated Health Professions Act March 04, 2015 Carla Whillier The following is a review of the OBA Health Law Section's November 26, 2014 Dinner Program. Attendees at the program received information about the recent and proposed changes to the RHPA including: the history around the spousal exemption to the RHPA’s sexual abuse provisions; the recent passage of the regulation allowing spousal treatment for dentistry; and the steps Colleges are taking to attain transparency.
Intrusion Upon Seclusion Can Coexist with the Personal Health Information Protection Act: Court of Appeal Decision in Hopkins v. Kay March 03, 2015 Jeffrey Bagg The following reviews the decision in Hopkins v Kay in which an unanimous Court of Appeal ruled that PHIPA does not prevent plaintiffs from pursuing an action under intrusion upon seclusion where a privacy breach involves personal health information.
PHIPA Does Not Protect Health Information Custodians From Lawsuits March 03, 2015 Daniel Strigberger The following reviews the Ontario Court of Appeal's decision in Hopkins v. Kay which establishes hospitals can be sued (in a proposed class action) for a privacy breach.
Talk To An Expert: The Preparation And Use Of Expert Reports In Litigation March 03, 2015 Marco P. Falco The following reviews some of the rules governing the preparation and use of expert reports in litigation as established in Moore v. Getahun, 2015 ONCA 55.
The Push for Transparency: Additional Information about Health Professionals to Become Public in 2015 February 06, 2015 Erin Dobbelsteyn In response to requests from the public and the government, Ontario's health regulatory Colleges are taking steps to make more information about health care professionals publicly available. This article reviews the Colleges' ongoing transparency initiatives and provides a summary of the types of information that the Colleges will be disclosing about their members in the near future.
Quebec Introduces Legislation To Reform Health Services, Affecting Access To Fertility Treatments And Imposing A Minimum Caseload Per Doctor January 26, 2015 Adrienne Blanchard and Véronique Barry The following is a brief commentary on Quebec's Bill 20, An Act to Enact the Act to Promote Access to Family Medicine and Specialized Medicine Services and to Amend Various Legislative Provisions Relating to Assisted Procreation.