Week 4 PowerPoint

Week 4
The Law and

Health Care
Chapter 8
• Describe the health care legislation.
Learning
• Explain the federal and provincial
Objectives jurisdictional framework related to health
care.
Copyright © 2020 by Elsevier, Inc. All Rights Reserved.
Canadian • Under the Constitution, everyone has the

following fundamental freedoms:
• Freedom of conscience and religion
Charter of • Freedom of thought, belief, opinion,
and expression, including freedom of
Rights and the press and other media of
communication
Freedoms • Freedom of peaceful assembly

• Freedom of association
Statutory • Statutory laws are the laws passed in Parliament
(i.e., at the federal level) or in the provincial or

territorial legislatures.
Law • Regulatory law possesses the legally binding

feature of an act; however, regulatory law is
versus
made by delegated persons or organizations,
such as an administrative agency or a tribunal.
• For example, the Food and Drugs Act
Regulator
oversees Health Canada’s Food and Drug
Regulations
• In health care, regulatory law affects hospital
y Law boards, health care institutions, and bodies

governing health care professionals.
Common • The legal system in all provinces
and territories except Quebec is

(Case) based on common law.
• Common law, also called case law,
Law and results from judges’ decisions,
which are based on precedents—
Civil Law rulings other judges made in
previous similar cases.
in Canada
• Tort law covers wrongful acts, intended or
not, that result in harm or damage to

another person or another person’s
Tort
property.
• Health care professionals may be accused
of a tort if a patient experiences physical or
Law
emotional injury resulting from something
the health care professional did, whether
intentionally or unintentionally.
• Unintentional torts may result from acts of
outright negligence, misjudgment, or
human error.
• Negligence, also referred to as malpractice, occurs

when a health care professional fails to meet the
standards of care of his or her profession.
• Negligence can result from
• Forgetting to perform an action
Negligence • Not caring or confirming whether a particular

action is performed
• Intentionally or unintentionally providing
improper or substandard care
• Providing a patient with unclear instructions
• Failing to successfully instruct a patient in how to
follow a treatment plan
• Professional misconduct is
behaviour or some act or omission

that falls short of what would be
proper in the circumstances, such
as
Negligence • Deviating from a profession’s
standards of practice
• Violating the boundaries of a
professional–patient
relationship
• Contract law concerns legally binding contracts
Other
—voluntary agreements between two or more
parties.
• A breach of contract occurs when one of
the parties fails to meet the terms of the
Types agreement.
• Criminal law deals with crimes against people
and/or property and those deemed intolerable
of Law
within society (e.g. murder, racism, theft).
• A health care practitioner who willfully engages
in a harmful act with the intent of harming his or
her patient would be guilty of a crime.
• Initially, the provinces assumed responsibility for

“the establishment, maintenance, and
Federal and management of hospitals, asylums, charities in
and for the province, other than for marine
Provincial hospitals.”
• The federal government retained authority over
Jurisdictiona • Health care for certain population groups
• The provision of federal funds to the
l Framework provinces and territories
• Certain components of health care activity
covered by the Criminal Code of Canada
• The federal government manages labour affairs for

• Employees of the federal government and of
Occupational federal corporations
• Individuals working in occupations that cross
Health and provincial and territorial lines

• The federal public service sector
Safety: • Each province and territory hosts an occupational

health and safety agency, which enacts legislation for
ensuring a safe workplace for all Canadians.
Jurisdictions • Workers’ Compensation Boards concentrate specifically
on assisting injured employees by providing wages,
rehabilitation, and training.
• Canada’s drug laws are covered primarily by
Drugs
federal legislation called the Controlled Drugs
and Substances Act, which
• Categorizes drugs based on their potential
for harm
and the • Outlines for hospitals and health care

professionals
• Who can prescribe controlled drugs
Law
• How to dispense and monitor
controlled drugs in facilities
• Controlled drugs can only be prescribed for
legal, therapeutic purposes.
• Health Canada has called the
Opioid continuing number of opioid

related overdoses and deaths a
national crisis.
Crisis • It has sanctioned a number of
initiatives to address the problem.
• The Cannabis Act (enacted in 2018)
details the legal framework for the

production, distribution, sale and
possession of cannabis for
Cannabis recreational use.
• Matters affection the legislation are
(Marijuana) split between federal and
provincial/territorial governments,
and as a result differences in
regulation occur among provinces
and territories.
• Under the Constitution, the federal
government can enact laws to manage
Health health-related emergencies of national

concern.
Canada • For example, the Quarantine Act, updated

in 2005, allows the federal government to
Emergency
• Divert aircraft or cruise ships
• Designate quarantine facilities
Powers • Restrict or even prohibit travellers who

represent a serious public health risk
from entering Canada
Week 4 Housekeeping
• Week 4 Discussion
• Assignment 2
• Videos on health sector reform

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Week 4

The Law and

Canadian • Under the Constitution, everyone has the

Freedoms • Freedom of peaceful assembly

(i.e., at the federal level) or in the provincial or

Law • Regulatory law possesses the legally binding

y Law boards, health care institutions, and bodies

and territories except Quebec is

not, that result in harm or damage to

• Negligence, also referred to as malpractice, occurs

Negligence • Not caring or confirming whether a particular

behaviour or some act or omission

• Contract law concerns legally binding contracts

• Initially, the provinces assumed responsibility for

• The federal government manages labour affairs for

Health and provincial and territorial lines

Safety: • Each province and territory hosts an occupational

and the • Outlines for hospitals and health care

• Health Canada has called the

Opioid continuing number of opioid

details the legal framework for the

government can enact laws to manage

Health health-related emergencies of national

Canada • For example, the Quarantine Act, updated

Powers • Restrict or even prohibit travellers who

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