Recent court rulings on medical and non-medical marijuana

The last several months saw important victories but also disappointments in litigation over criminal prohibitions of marijuana in Canada. Four cases are summarized below--two deal with claims regarding medical marijuana, the other two with recreational use.     

Red Cross and federal government held liable for hemophiliacs' HIV infection

After eight years of litigation, on 21 June 2000 three hemophiliacs infected with HIV finally won a judgment against the Canadian Red Cross Society and the federal government. An Ontario trial court ruled the Red Cross and the government were negligent for having delayed the implementation of heat treatment for blood products, which resulted in the plaintiffs' infections. Since starting their lawsuits in 1992, two of the three plaintiffs died of AIDS before the trial judgment. But the damage awards were criticized by the plaintiffs' lawyer.     

Complaint against Argentina over protection of patents and test data

On 30 May 2000, the same day as the complaint against Brazil, the US (again joined by the EC) filed a complaint against Argentina, alleging that its patent laws violate the TRIPS Agreement in a number of ways.     

Victory for transgendered people in gaining protection against discrimination

On 7 June 2000, the BC Supreme Court rejected an attempt by the Vancouver Rape Relief Society to prevent the provincial human rights commission from hearing a complaint that it had discriminated against a transgendered woman. Kimberly Nixon filed a complaint with the BC Human Rights Commission in August 1995, alleging that the Vancouver Rape Relief Society had refused to allow her to work as a volunteer counselor because she had not been biologically female at birth.     

Court approves final Red Cross bankruptcy plan to compensate blood victims

Following two years of negotiations, the insolvent Canadian Red Cross Society received court approval on 14 September 2000 of its plan to compensate victims of Canada's tainted blood tragedy (and pay other creditors).     

Japan: The Prospects for Public Sector Change

There have been some public sector changes in Japan, especially since 1981. The changes have contributed to the country's outstanding economic development. Recent events, however, question whether these changes have been sufficient and whether the sector is meeting the needs of Japanese society today.
Many of Japan's political, economic and social certainties disappeared in the 1990s including automatic economic growth and the 38 year reign of the conservative Liberal Democratic Party government. These developments and events such as the Kobe earthquake, the HIV blood contamination scandal and the collapse of financial institutions suggest that a more fundamental reform of the public sector is still required.     

Administrative "health courts" for medical injury claims: the federal constitutional issues

Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: 1. Is there federal authority to preempt state law (the commerce clause and spending clause issues)? 2. May jurisdiction be created in non-article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? 3. Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers.     

The Use of Hemastix® and the Subsequent Lack of DNA Recovery Using the Promega DNA IQTM System

Abstract:  Following implementation of our automated process incorporating the Promega DNA IQ^TM system as a DNA extraction method, a large number of blood-containing exhibits failed to produce DNA. These exhibits had been tested with the Hemastix^® reagent strip, commonly used by police investigators and forensic laboratories as a screening test for blood. Some exhibits were even tainted green following transfer of the presumptive test reagents onto the samples. A series of experiments were carried out to examine the effect of the Hemastix^® chemistries on the DNA IQ^TM system. Our results indicate that one or more chemicals imbedded in the Hemastix^® reagent strip severely reduce the ability to recover DNA from any suspected stain using the DNA IQ^TM magnetic bead technology. The 3,3',5,5'-tetramethylbenzidine (TMB) used as the reporting dye appears to interact with the magnetic beads to prevent DNA recovery. Hydrogen peroxide does not seem to be involved. The Hemastix^® chemistries do not interfere in any way with DNA extraction performed using phenol-chloroform. The incompatibility of the Hemastix^® chemistries on the DNA IQ^TM system forced us to adopt an indirect approach using filter paper to carry out the presumptive test.