2013 NATIONAL HEALTH LAW SUMMIT:
CRITICAL ISSUES IN HEALTH LAW
MAY 23-24, 2013 | WESTIN NOVA SCOTIAN | HALIFAX, NS
ACCREDITATION
The time spent attending this program (9.5 hours) is eligible for credit towards the annual continuing professional development
("CPD") requirement in all mandatory CPD jurisdictions and includes 1.5 hours of content on ethics, professional responsibility
and/or practice management issues.
THURSDAY, MAY 23
8:30 – 9:00
Registration & Breakfast
9:00 – 9:05
Conference Co-Chairs Opening Remarks
Robert Sheahan, Gowling Lafleur Henderson LLP & Martina Munden, Patterson Law
9:05 – 10:35
Developments in Informed Consent
This session will provide an update on developments in the law on Informed Consent. Our learned speakers will
address a broad set of topics that are on the mind of health care professionals and legal counsel every day.
This session will set the stage for what we expect will be an informative and exciting Summit.
Moderator:
Kim Jakeman, Partner, Harper Grey LLP
Panelists:
Sarah Burningham, Research Associate, HeaLS Group, University of Alberta
Michael Hadskis, Assistant Professor, Faculty of Law Dalhousie, Health Law Institute
Andrea Malekos Rimmer, Clinical Counsel, Legal Services, Alberta Health Services
Paul McGivern, Pacific Medical Law
10:35 – 10:50
REFRESHMENT BREAK
10:50 – 12:15
Challenges of Informed Consent in Research Protocols: Does TCPS2 provide further practical guidance?
Informed consent is a foundational principle when providing medical treatment. The importance of informed
consent is amplified when patients are asked to participate in research studies by their physicians. This panel
will discuss the legal and ethical challenges of informed consent in the research context. Research in Canada is
governed by the Tri-Council Policy Statement 2 (TCPS2). The Panel will outline how informed consent is dealt
with in the TCPS2. Attendees will hear the Panel’s insights on whether the TCPS2 provides practical guidance to
assist in protecting research subjects as well as the health care practitioners and institutions involved in
conducting the research.
Moderator:
Stacey Grubb, Alberta Justice and Solicitor General
Panelists:
Carolyn Brandow, Partner, Lerners LLP
Wendy Burgess, Interagency Secretariat on Research Ethics.
Dr. Conrad Fernandez, Professor, Dalhousie University
Dr. Shelly McNeil, Associate Professor, Dalhousie University
12:15 - 13:15
NETWORKING LUNCH
13:15– 15:00
Legal and Ethical Challenges in Critical Care and End-of-Life Decision Making
(Includes 60 Minutes of Ethics, Professionalism and Practice Management Content (EPPM) Content)
This distinguished panel will discuss the legal and ethical issues associated with critical care and end of life
decisions. The challenges for patients and their families as well as health providers and the health care system
will be examined. Attendees will hear the Panel’s insights into how the courts address these difficult issues
including who has the right to decide when treatment should be withheld or withdrawn.
Moderator:
Michael Waite, Partner, Stones Carbert Waite LLP
Panelists:
Dr. Christopher (Chip) Doig, Head, Dept of Community Health Sciences, University of Calgary
Dr. Jocelyn Downie, Research Chair in Health Law and Policy at Dalhousie University
Dr. Margaret Somerville, Professor McGill University, Director, Centre for Medicine, Ethics and Law
Harry Underwood, retired Partner, McCarthy Tétrault
15:00 – 15:15
REFRESHMENT BREAK
15:15 – 17:00
Assisted Suicide and Euthanasia
Assisted suicide is once again on the public policy agenda as a result of recent litigation, upcoming legislation
by the Quebec National Assembly and on-going scholarship. Come to hear the most up to date legal and ethical
analysis of this issue from leading experts in the field.
Moderators:
Tracey Bailey, Alberta Health and Wellness; Legal Services Division, Justice and Attorney
General
Annette Lefebvre, Annette Lefebvre Avocats
Panelists:
Dr. James Downar, University Health Network
Dr. Jocelyn Downie, Research Chair in Health Law and Policy at Dalhousie University
Dr. Catherine Ferrier, McGill University Health Care
Dr. Margaret Somerville, Director, Centre for Medicine, Ethics and Law
THURS NIGHT NETWORKING EVENT (Pre-Registration Required):
Keith’s Brewery kitchen party with entertainment by Cassie and Maggie MacDonald
FRIDAY, MAY 24
8:00 – 8:30
REGISTRATION & BREAKFAST
8:30 – 10:00
Issues of Consent and Advance Care Planning in Long-Term Care
You will hear from lawyers, a medical practitioner and academic as this diverse and specialized panel discusses
important issues relating to the elderly living in long-term care. Our distinguished speakers will address how to
assist your clients in planning for their future care, the unique challenges which can arise in assessing a senior's
ability to make decisions and how to recognize when the decisions of third parties can amount to abuse of the
incapable elderly.
Moderator:
Lisa Corrente, Torkin Manes LLP
Panelists:
Dr. Laurie Mallery, Chief and Head of Division of Geriatric Medicine, Dalhousie University
Jonathan Meadows, Partner, Harper Grey LLP
Lonny Rosen, Partner, Rosen Sunshine LLP
Tess Sheldon, Dalla Lana School of Public Health, University of Toronto
10:00 – 10:15
BREAK
10:15 – 11:45
Consent Issues with Minors
(Includes 30 Minutes of Ethics, Professionalism and Practice Management Content (EPPM) Content)
Consent of minors in a health care setting is a much debated topic, especially in light of the 2009 S.C.C. decision
of A.C. v. Manitoba (Director of Child and Family Services). Join our esteem panel to review the current issues
around the legal doctrine of “mature minor”. Our panel of 3 experts, a Professor of Law with research interests
in health law, a Professor in Bioethics with research interests in health care ethics and experience in providing
ethics consultation on consent issues, and a Psychiatrist that works with youth, will comment, discuss and
debate legal and ethical considerations around this legal doctrine. Our panel will provide a modern perspective
on the development of the doctrine, provide insight on how physicians deal with mature minors and their
parents and also look at ethical issues dealing with mature minors in a health care decision making context.
Ethical decisions regarding consent and confidentiality should be distinguished from legal requirements.
Moderators:
L. Martina Munden, Partner, Patterson Law
J. Danie Roy, Justice and Attorney General, New Brunswick
Speakers:
Prof. Joan M. Gilmour, Osgoode Hall Law School, York University, Toronto, Ontario
Dr. Pippa Moss, Psychiatrist, Cumberland Health Authority, Nova Scotia
Prof. Christy Simpson, Department of Bioethics, Dalhousie University, Halifax, Nova Scotia
11:45 – 12:00
Closing Remarks
Robert Sheahan & Martina Munden