This seminar explores the dynamic and challenging field of health law, with a focus on practical issues. The course provides a survey of the legal framework and policy considerations underlying the cornerstone areas of health law, including: consent, capacity and substitute decision-making; mental health law; professional regulation and governance; medical malpractice; and health information privacy. Practical and topical issues will be explored in the areas of: elder law (issues in long-term care facilities, retirement homes); the law of medical assistance in dying in Canada; human rights in health care; hospitals and health care facilities (including physician privileges, employment issues and tensions between administrators, healthcare professionals and other stakeholders); the civil commitment system; reproductive health and surrogacy; and research ethics.
Typical seminars will cover substantive law including case law and statutes, as well as policy issues and examples of applications in practice. Students are expected to actively participate via class discussion and a class presentation. Guest speakers will provide unique perspectives on particular topics. Students will be asked to attend (in person or through electronic means) a hearing in the health law field and to reflect on that proceeding in a midterm written paper, and to explore and analyze an issue in health law through a major research paper. Through readings, class discussion and assignments, students will gain a foundation for a dedicated health law practice and an analytical framework for addressing health law issues as they arise in other practice areas.
Method of Evaluation: Major paper of 5,000 words excluding footnotes or endnotes, bibliography and appendices (50%), 5-7 page reflective paper (25%), class presentation (15%), and class attendance/participation (10%).