ThaddeusPope.com

Bioethics, Health Law, Normative Jurisprudence

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Canadian Court Challenges to Brain Death
This is a new page on which I will collect 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.

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 Rover Hospital (Ontario Sup. Ct. Oct 30, 2017) (Factum)
Oaunounou v. Humber Rover Hospital (Ontario Sup. Ct. Oct 30, 2017) (Application Record & Exhibits)

Taquisha McKitty
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)
Other Recent Cases
In re UH (Ont CCB 2016)
In re EI (Ont CCB 2016)