Court strikes out latest action in contaminated blood litigation

On 24 June 2003, the Federal Court of Canada--Trial Division struck out an action by three hemophiliacs infected with HIV through contaminated blood products. The case arose out of the destruction of records by members of Canadian Blood Committee (CBC) in 1989. The defendants were the government of Canada and three government of Canada employees who worked at the CBC in 1989 and were alleged to have been involved in the destruction of records.     

Canada refuses to issue a visa to an HIV-positive worker on antiretroviral drugs

Citizenship and Immigration Canada has denied an application for a visa from an HIV-positive man even though he is in good health. The man was seeking to fill a two-year work term in Canada. The case raises concerns about Canada's immigration policies for people with HIV and about the ability of organizations working in AIDS to hire HIV-positive foreign workers.     

Supreme Court finds red cross negligent in screening blood donors

On 19 April 2001, the Supreme Court of Canada released its first judgments in litigation alleging the Canadian Red Cross Society was negligent for inadequately screening blood donors in the early 1980s. It upheld an order that damages in the amount of over $2.5 million be paid to three individuals who contracted HIV between 1983 and 1985 from contaminated blood.     

Mandatory HIV testing used to bar potential immigrants

Last year Canada turned away 75 people with HIV/AIDS because the federal government said that they would place excessive demands on publically funded services. Another 207 people with HIV/AIDS were allowed to enter Canada, mainly because of exemptions to the excessive-demand provisions. HIV/AIDS organizations have objected to the government's policy of mandatory HIV-antibody testing of potential immigrants and have expressed concerns about the way in which excessive demand is calculated.     

Canadian "medical necessity" and the right to health

In this article, Kathryn Garforth examines legal claims to health care in South Africa and Canada. Both countries face rising costs of health care that put a great strain on publicly funded systems, albeit in radically different contexts. Kathryn argues that despite these differences there are similarities in how litigants in South Africa and Canada have framed their claims to healthcare services, in how governments have responded, and in the factors courts have analyzed in reaching decisions. In South Africa, the leading case is Treatment Action Campaign (TAC) et al v Minister of Health et al, a constitutional challenge, while in Canada the relevant jurisprudence concerns the interpretation of the concept of medical necessity, articulated for the most part in non-constitutional cases.     

Fear of persecution not adequate to claim refugee status

In Delgadillo v Canada, the Federal Court of Canada upheld an Immigration and Refugee Board (IRB) decision to refuse refugee status to a Mexican gay male refugee claimant because he had an Internal Flight Alternative (IFA). Although the court reached this conclusion, it nevertheless agreed that Mr Delgadillo had a legitimate fear of persecution. As well, the court made an important finding--that people in Mexico who are living with HIV/AIDS do not have an IFA.     

CPP same-sex survivors class action to proceed on a national basis

By agreement between the Attorney General of Canada and the lawyers for same-sex surviving partners who were denied survivor's benefits under the Canada Pension Plan (CPP), the cases will now be heard together in one national class action. The surviving partners have been denied survivor's benefits due to their sexual orientation. Many of the people denied benefits are people with HIV/AIDS whose partners died of HIV/AIDS-related illnesses. The case will be heard in the Ontario Superior Court of Justice.     

Suicide by Fatal Pentobarbital Intoxication in Ontario,Canada, from 2012 to 2015

A fatal concentration of pentobarbital found in a coroner's case where the history had not indicated use of this drug prompted a review of fatalities in Ontario from 2012 to 2015. Coroner's case files, including police and toxicology reports, were reviewed in twenty deaths, in which pentobarbital was identified as the primary cause of death. In all of the deaths (11 females, 9 males), the blood concentration of pentobarbital was greater than 10 mg/L. There were three to eight deaths per year and each was classified as suicide. In 11 cases, there was clear evidence that the drug was purchased over the internet from Mexico or China and imported into Canada. In four cases, it appears that the pentobarbital was labeled as a different, innocuous chemical to facilitate crossing the border without scrutiny. The findings underscore the value of a thorough scene investigation, including details of evidence that may be considered unrelated.     

The Failure of Defamation Law to Safeguard against SLAPPs in Ontario

The authors examine the failure of the law of defamation in Canada to reflect changed realities with respect to public participation in decision-making processes and the impact that this has had on Strategic Lawsuits Against Public Participation (SLAPPs) in the Ontario context. They examine the enhancement of the public's substantive and procedural rights to participate in environmental decision-making processes reflected in legislation at the international, federal and provincial levels. They argue that SLAPPs threaten to reverse these shifts in norms in the development of public policy. The authors review anti-SLAPP legislation as well as the evolution of defamation law in Canada and other jurisdictions and conclude by offering some law reform recommendations for Ontario.     

Canada opens the door to enforcing foreign non-monetary orders

The Supreme Court of Canada has overturned the common law rulethat prevented the enforcement of foreign judgments other thanjudgment debts and held that, in certain circumstances, Canadiancourts should give effect to non-monetary orders from foreigncourts.     

Supreme Court of Canada: Saunders v Vautier inapplicable to pension schemes

The Supreme Court of Canada held on 5 July 2006 that membersand former members of a defined pension plan in the form ofa trust cannot unilaterally compel termination     

Health Canada unveils plan to distribute marijuana for medical use

Under pressure from the courts, Health Canada reluctantly comes up with a distribution plan to provide dried cannabis and seeds to patients using medical marijuana. The plan has been greeted with considerable criticism     

Health Canada commits to strengthening efforts with respect to injection drug use and HIV/AIDS

On 31 August 2001, over 20 months after the release of the Canadian HIV/AIDS Legal Network's report on Injection Drug Use and HIV/AIDS: Legal and Ethical Issues, Health Canada responded to the report by making a commitment to both "strengthening and expanding efforts with respect to injection drug use."     

Treatment Action Campaign (TAC) v South Africa (Minister of Health): reflections on the right to health care in Canada

In this article, Showkat Yazdanian examines the potential impact of the South African Constitutional court's decision in TAC v Minister of Health on the right to health care in Canada. Showkat first focuses on the potential utility of international treaties and precedents as a means to uphold the right to preventative health care in Canada. She then examines the Canadian Constitution's bearing on a right to health care, including an analysis of the current division of federal and provincial health powers.     

Drinking and driving in Singapore, 1987 to 1989.

Between 1987 and 1989 there were approximately 5,000 cases of fatal and injury-sustained road traffic accidents, of which 2.3-3.0% were alcohol related (blood alcohol levels greater than the legal limit of 80 mg% ethanol). The offenders of alcohol-related accidents are mostly Chinese (> 79%), male (> 98%), and more often 30-40 years old. The majority of the alcohol-related accidents (> 74%) took place between 8 P.M. and 4 A.M. in fine weather and light traffic. Rear-end, head-on, and side-on collisions comprised > 60% of all the alcohol-related accidents, and losing control of vehicles approximately 30%. Drunken driving cases for the same period that were not accidents showed a number of characteristics similar to those for accidents. In Singapore, motorcycle riders and pedestrians are more prone to road fatality than other road-user groups. International comparisons of road fatalities per 100,000 population gave Singapore one of the lowest accident rates (8.1-8.4) as compared with countries such as Australia, the United Kingdom, the United States, New Zealand, Canada, and Japan.     

Toxicology case data reporting system

A computerized system has been organized to serve the toxicology sections of seven R.C.M.P. laboratories across Canada. Scientists may view and retrieve information concerning drugs and drug combinations, blood and liver drug concentrations, etc. from cases of sudden death or impaired driving which were analyzed in the laboratories. This has proven to be a great help in interpreting toxicology case results for the investigator or the courts and also in choosing methodology to be used in analyzing specimens for unusual drugs or poisons.     

Court dismisses constitutional challenge to ban on assisted suicide

On 6 February 2001, the Ontario Superior Court of Justice dismissed a constitutional challenge by Jim Wakeford, a Toronto man with HIV/AIDS and an advocate for access to medical marijuana, to the sections of the Criminal Code that outlaw assisted suicide in Canada.     

Ottawa moves to decriminalize small amounts of marijuana

Making good on a promise made in December 2002, the federal government has tabled a bill that would decriminalize possession of small amounts of marijuana. However, the bill would also toughen penalties for growing large amounts. The bill is part of a renewed Canada Drug Strategy that emphasizes the need to discourage cannabis use.     

The right to minority language public school education as a function of the equality guarantee: a reanalysis of the Gosselin Supreme Court of Canada Charter case

This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting access to English language schools only to children who have received, or are receiving the majority of their instruction in English in Canada, or whose parents received the majority of their instruction in English in Canada at the primary school level. The appellants, members of the French majority in Quebec, could not meet those eligibility criteria. Therefore, they were held to have no right to access English language public schools for their children. The ruling, as discussed, is inconsistent with the equality and liberty guarantees as well as the minority language protection clause of the Canadian Charter of Rights and Freedoms.     

The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support case in Canada and Beyond

In June 2007, the Supreme Court of Canada expressly overruled20 years of jurisprudence that interpreted the freedom of associationas excluding collective bargaining. This about-face by the SupremeCourt was unexpected. What gave rise to this remarkable decisionand what does it portend for the role of the courts in labourrelations in Canada and beyond? The recent successes beforecourts have led some observers to suggest that it may now bea propitious time for a coordinated and proactive litigationstrategy to vindicate labour's collective rights. This articleoffers some preliminary answers to these broader questions andissues by focussing on the Supreme Court's decision in the HealthServices and Support case.