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Health law

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Use this page for leads to subject headings, secondary titles and legislation relevant to the researching issues of regulating reproduction.

Regulating reproduction

Regulating reproduction addresses relationships among government, health care providers and individuals on matters such as abortion, contraception, assisted reproduction, pregnancy and related civil litigation.

Selected secondary materials applicable to regulating reproduction

Downie, chapter 7.

CCH Canadian Limited, Canadian Health Facilities Law Guide (Toronto: CCH, 1997-), loose-leaf, "Patients' Rights." Available online to registered users of the UVic Law School Program: KF3825 A6C36
 
G. Rivard and J. Hunter, The law of assisted human reproduction, (Markham: LexisNexis Butterworths, 2005). Available through interlibrary loan.
 
F. Simonstein, ed., Reprogen-ethics and the future of gender (Dordrecht, New York: Springer, 2009).
 
C. Mills, Futures of reproduction: bioethics and biopolitics (Dordrecht, New York: Springer, 2011).
 

Case law and legislation applicable to issues of regulating reproduction

The key Canadian case addressing abortion is R v Morgentaler, [1988] 1 SCR 30. See also a subsequent decision, holding ultra vires a provincial attempt to prohibit private abortions: R v Morgentaler, [1993] 3 SCR 463.

Review cases in a CanLII search for judicial consideration of Morgentaler 1988 and Morgentaler 1993, beginning with the SCC for leads, or in all courts with appropriate filtering keywords.

The Criminal Code provisions repealed by R. v Morgentaler can be seen in the Library of Parliament publication, "Abortion in Canada: Twenty Years After R v Morgentaler", Apppendix A.

See also recent Parliamentary Private Member's motion M-312 and House of Commons Debates Official Report (Hansard), Septermber 26, 2012, and the Chamber Business Vote Details report on Vote No. 466, 41st Parl., 1st Sess., Sitting No. 153.

On forced sterilzation, see E. (Mrs.) v Eve, [1986] 2 SCR 388 and selected cases citing it. See also Adjin-Tettey, Elizabeth A. and Kodar, Freya, Film as a complement to the written text: Reflections on Using the Sterilization of Leilani Muir to Teach Muir v. Alberta (2011). Alberta Law Review, Vol. 48, No. 3, 2011. Available at SSRN: http://ssrn.com/abstract=1932449 and Muir v Alberta, [1996] A.J. No. 37 (QB).

On pregnancy and autonomy, see Winnipeg Child and Family Services (Northwest Area) v. G. (D.F.), [1997] 3 S.C.R. 925 and some cases considering it.

On assisted reproduction see Assisted Human Reproduction Act, SC 2004, c 2, cases considering it, including Reference re Assisted Human Reproduction Act, 2010 SCC 61 and judicial consideration of this case.

Selected websites

Discussions of R v Morgentaler

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