Court dismisses appeal for right to assisted suicide

On 29 November 2001, the Ontario Court of Appeal issued a lengthy decision overturning a lower-court judgment in favour of three hemophiliacs infected with HIV in 1985 through contaminated blood-factor concentrate. The joint decision in the three cases of Robb, Rintoul, and Farrow is the latest decision in litigation dating back to 1992. The plaintiffs alleged negligence by the Canadian Red Cross Society and the Canadian government for delays in introducing heat-treated concentrate after the risks posed by unheated product were known.     

Tax Court allows tax credit for herbs and vitamins, not for massage

In August 2001, the Tax Court of Canada issued its most recent judgment on the tax deductability of expenses for complementary/alternative therapies. The decision in Pagnotta v Canada is significant for people with HIV/AIDS who use such therapies. It also illustrates how provincial and federal laws regulating health-care practitioners and natural health products have a financial impact on the cost of accessing treatment.     

Report on complementary/alternative health care and HIV/AIDS

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.     

WTO ministerial conference adopts declaration on TRIPS and public health

In November 2001, the 4th Ministerial Conference of the World Trade Organization adopted a Ministerial Declaration on public health and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement"). The declaration represents a modest advance in addressing concerns that strict patent laws, and threats of trade sanctions, will be a barrier to most of the world's people with HIV/AIDS accessing affordable medicines. The full significance of the declaration remains to be seen, as it depends on what political impact it has at the WTO and on its member countries, and what legal impact it will have in the interpretation of the TRIPS Agreement.     

WTO: US and Argentina settle dispute over patents and data protection

In May 2000, supplementing an earlier complaint filed in May 1999, the US filed a complaint against Argentina, alleging that its patent laws violate the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property (the TRIPS Agreement). The gist of the US complaint was that Argentina's law failed to provide: (1) adequate protection against "unfair" commercial use of undisclosed test data submitted in order to get market approval of pharmaceutical products; (2) certain safeguards for compulsory licences on an invention granted on the basis of inadequate working by the patent holder; and (3) adequate measures to prevent infringements of patent rights. The US also alleged that Argentina denies certain exclusive rights of patent holders, such as the exclusive right to import the patented product into the country. At the end of May 2002, the US and Argentina notified the WTO that they had reached a "mutually agreed solution," without prejudice to their respective rights and obligations under WTO agreements, and the US has withdrawn its complaint.     

Intergovernmental Relations in Canada: The Emergence of Collaborative Federalism

"Executive federalism" or "federal-provincial diplomacy" haslong been considered the defining characteristic of Canadianfederalism, which combines federalism and Westminster-stylecabinet government. However, these processes have come underincreasing stress in recent years from a number of forces thathave affected the nature and conduct of federalism and intergovernmentalrelations in Canada. Executive federalism has not been displaced,but has been increasingly informed by a set of practices thatwe call "collaborative federalism," characterized more by theprinciple of co-determination of broad national policies ratherthan by the more traditional pattern of federal-leadership.     

Estimating Aggregate Policy Reform Effects: New Baselines for Registration, Participation, and Representation

Statistical models are often extended to explore the aggregateimpact of policy reforms. After discussing these techniquesand the incorporation of prediction uncertainty, this articleexamines the effects of registration reform in an analytic frameworkthat explicitly considers the two stages that defined electoralparticipation throughout the 20th century in the United States—registrationand then voting. Using selection bias techniques, the effectsof counterfactual registration reform conditions are exploredon the aggregate level of participation and the nature of representationin the electoral process. These offer a richer baseline of theimpact of policy changes than previous work by directly exploringthe expected level of dropoff in going to the polls by new registrants.Results indicate that the dropoff between registration and votingwould be expected to increase as more individuals become registered.In addition, while turnout due to reforms among projected "newregistrants" shows potentially larger biases than those amongexisting registrants, because of the different bases of registrationthe changes would still lead to a modest reduction in the disparitybetween actual group sizes and their role in elections.     

Validation of chest X-ray comparisons for unknown decedent identification

Comparing skeletal structures between antemortem and postmortem chest radiographs is widely used by forensic specialists from many disciplines to positively identify unknown decedents. However, validity assessments of this method have been fairly limited. This study had three objectives: 1) to quantify the reliability of ante- and postmortem chest radiograph comparison for decedent identification; 2) to identify useful radiologic features supporting decedent identification; and 3) to recognize sources of error in decedent identification related to use of comparative radiographs. A forensic pathologist, a forensic anthropologist, and two radiologists participated in the study. Our results showed that chest radiograph comparisons proved reliable, if basic decedent information was provided, and antemortem and postmortem radiographs were adequately positioned and exposed. A "morphological approach" using normal anatomical structures for comparison may provide the most efficient method for accurate identification.