Thaddeus Mason Pope

Bioethics, Health Law, Patient Rights

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Canadian Law on Brain Death
This page collects materials on the new challenges to the traditional rules concerning brain death in Canada. I will also collect materials on the background law.  

Statutory & Case Background
I will build this section to include primary legal authority on brain death - statutes and appellate cases. Interestingly, Ontario does not include any physiological standards in a statute (like Nova Scotia and Manitoba) but completely delegates the determination of death to the medical profession.

Law Reform Commission of Canada, Criteria for the Determination of Death (1981)
Manitoba Vital Statistics Act
Leclerk v. Turmel (Quebec Sup Ct 2005)
New Court Challenges to Brain Death
In late 2017, the families of two patients declared brain dead filed lawsuits forcing clinicians to continue organ support for these patients. The Taquisha McKitty case challenges whether she is actually dead.  It also argues for a religious exemption to brain death. The Shalom Ouanounou case does not challenge that he is dead but seeks a religious exemption.  

Shalom Ouanounou
Oaunounou v. Humber River Hospital (Ontario Sup. Ct. Nov 9, 2018) (Ruling case moot)
Oaunounou v. Humber River Hospital (Ontario Sup. Ct. Oct 30, 2017) (Factum)
Oaunounou v. Humber River Hospital (Ontario Sup. Ct. Oct 30, 2017) (Application Record & Exhibits)

Taquisha McKitty
McKitty v. Hayani (Ontario Court of Appeal October 9, 2019)
McKitty v Hayani (appellate oral argument Dec. 12, 2018)
McKitty v Hayani (notice of appeal July 26, 2018)
McKitty v Hayani (reasons for decision June 26, 2018 (111p)
McKitty v. Hayani (Ontario Sup. Ct. Nov 7, 2017) (Order denying videotaping)
McKitty v. Hayani (Ontario Sup. Ct. Oct 23, 2017) (Order disallowing Byrne as expert)
McKitty v. Hayani (Ontario Sup Ct September 28, 2017) endorsement re consent test
Consent & Capacity Board Cases
In re HC (Ont CCB 2019) (testimony that BD patients supported in ICU)
In re TP (Ont CCB Sept 2017)
In re UH (Ont CCB 2016)
In re EI (Ont CCB 2016)
Other Recent Cases
Morlani et al. v. Haddara (Ont Sup Ct Nov. 2021)
Idan Azrad (2019)
A.D. v. M.O.M. (Ontario HPARB Sept. 2018)