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Canadian human rights case decisions, recent

Casper Bruun Jensen
Power, dominance, and hierarchy are prevalent analytical terms in social studies of health care. Power is often seen as residing in medical structures, institutions, discourses, or ideologies. While studies of medical power often draw on Michel Foucault, this understanding is quite different from his proposal to study in detail the "strategies, the networks, the mechanisms, all those techniques by which a decision is accepted" [Foucault, M. (1988). In Politics, philosophy, culture: Interviews and other writings 1977-84 (pp...
December 2008: Health Care Analysis: HCA: Journal of Health Philosophy and Policy
Shelley Trueman
CTO/IOC legislation is a bewildering array of presumptions and inconsistencies. It is a reaction to the inherent difficulties of de-institutionalizing treatment into the community and has been based on heated arguments of misconceptions and misunderstandings of various proponents and opponents of CTOs/IOC. Legislators in the United Stated have implemented widely varying legislation over the past twenty-five years yet there is little common basis for states to proceed on or even to analyse when conceptualizing IOC legislation...
2003: Health Law Journal
T McCormack
The relationship between scientific knowledge and legal discourse is raised once again by a recent decision of the Supreme Court of Canada, a case involving a young Aboriginal woman who was pregnant and ordered by the court to remain in a drug treatment program at a health center until the baby was born. Her glue-sniffing habit was deemed dangerous to the normal development of the fetus. The Court held that her solvent-dependency did not justify the original court action, but both the Court and the various interveners disregarded the current state of our knowledge on the fetal syndromes...
1999: Canadian Journal of Law and Society, Revue Canadienne de Droit et Société
P E Graham, M Harel-Reviv
The U.S. Supreme Court confirms that an HIV-seropositive patient is a "handicapped" person even if totally asymptomatic. Hence, the patient is illegally discriminated against if a dentist consequently refuses to treat the person in the same manner in which he or she treats other patients. Canadian dental care providers should be aware of this decision, because it is reasonable to expect that the high-level Canadian courts and the Supreme Court of Canada would follow this U.S. Supreme Court decision. In addition, the U...
January 1999: Journal—Canadian Dental Association, Journal de L'Association Dentaire Canadienne
T G Gratzer, M Matas
In this article, we examine one of the most contentious and divisive issues in mental health law: the right of the involuntary patient to refuse treatment. The recognition of this right can be traced to American case law starting in mid-1970s. The passing of the Canadian Charter of Rights and Freedoms in 1982 precipitated somewhat similar developments in Canada. Many provincial Mental Health Acts have been changed to reflect this newly acknowledged right. In addition, there have been two recent court decisions in Canada, Thwaites v...
1994: Bulletin of the American Academy of Psychiatry and the Law
M Plachta
This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die...
1994: Medicine and Law
P E Graham, N M Miller, M Harel-Raviv
Two recent Canadian judgements regarding the application of human rights legislation to dentistry and HIV-seropositive patients are summarized and discussed. In the Ontario case of Jerome v. DeMarco, the Ontario Human Rights tribunal found that seropositivity constitutes a "handicap" under human rights legislation. However, the tribunal dismissed the claim by a seropositive patient that he had been illegally discriminated against by a dentist who, on learning the patient was seropositive, delayed treating him until the end of the day...
June 1995: Journal—Canadian Dental Association, Journal de L'Association Dentaire Canadienne
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