Some Legal Aspects of Human Organ Transplantation in Canada

Human organ transplantation poses difficult legal problems. In this article the author examines those problems and the questions they pose. First, the author examines the definition of death from both a medical and legal perspective. He then discusses problems in relation to the live donor, the recipient, the hospital, and the members of the team performing the operation. In doing so, he examines issues surrounding professional skill and knowledge, as well as those surrounding consent. The author then discusses whether or not a donor should receive payment or indemnification for a transplant, and examines problems arising out of the use of organs from cadavers. In this context, he examines the common law rules, the Anatomy Acts of the various provinces, and factors surrounding post mortem examinations. In concluding his article the author examines the Cornea Transplant Acts and Human Tissue Acts, and illustrates the benefits and shortcomings of the Model Act adopted by the Conference of Commissioners on Uniformity of Legislation in Canada