• March 3, 2015
    1:00 pm - 2:00 pm

Manitoba Bar Association

Joint Meeting: Health Law Section/ Criminal Justice Section

TOPIC: Respect for Autonomy or Elder Abuse? End of Life Treatment Decisions, Criminal and Civil Consequences

DATE: Tuesday, March 3, 2015
TIME: 12:00 p.m. – 1:30 p.m.
LOCATION: Thompson Dorfman Sweatman LLP, 22nd Floor Boardroom – 201 Portage Avenue, Winnipeg

Mike Cook, Smith Corona Van Dongen & Cook, Defence Counsel

Dr. Aviva Goldberg, Pediatric Nephrologist and Medical Ethicist, Health Sciences Centre/Winnipeg Regional Health Authority

Vivian E. Rachlis, Thompson Dorfman Sweatman LLP

This event is open to all Manitoba Bar Association members. Please pre-register by visiting the MBA website here.

Recent high profile cases and the assisted suicide debate have re-ignited the discussion about how far family members can go to carry out the perceived wishes of loved ones while avoiding criminal charges. At the same time, issues of capacity, consent, and the ancient tort of battery continue to challenge substitute decision makers and health care providers who are tasked with carrying out patient and family wishes during a health care crisis or at the end of life. To make matters even more complicated, while Canadian criminal law applies uniformly across the country, legal duties and safeguards in the civil realm differ from province to province. And in Manitoba, new legislation establishing an Adult Abuse Registry could mean a whole new set of employment-related consequences for health care providers determined to have neglected vulnerable people and the elderly.

In this 1.5 hour session, a defence lawyer, a medical ethicist and a health lawyer will provide an overview of what you need to understand within this intersection of multiple areas of the law, including:

  • Criminal Code provisions dealing with criminal negligence causing death and failure to provide the necessaries of life;
  • A primer on the law of consent, capacity and substitute decision making in Manitoba, and why you need to understand these basics before advising your clients;
  • Whether health care providers have a legal duty to provide care even when care has apparently been declined;
  • The impact of the new Adult Abuse Registry in Manitoba on care providers and regulated health professionals; and
  • Why it makes more sense than ever to talk about health care directives with your clients.

Attendance at this MBA Section meeting can be applied towards your Law Society of Manitoba’s Continuing Professional Development requirement for a maximum of 1.5 hours including .5 hours of Ethics, Professionalism and Practice Management.

Please click here to register.

Catherine Tolton
Chair, MBA Health Law Section
Winnipeg Regional Health Authority
Ph: 204-926-7051

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