Assisted Reproduction Policy in Canada: Framing, Federalism, and Failure

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University of Toronto Press, Sep 20, 2018 - MEDICAL - 200 pages
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The world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government's policy failure can be traced to its contradictory "policy framing," which sent mixed messages about the purposes of the legislation.

In light of the federal government's diminished role, Snow examines how other institutions have made policy in this emerging field. Snow finds provincial governments, medical organizations, and even courts have engaged in considerable policymaking, particularly with respect to surrogacy, parentage, and clinical intervention. The result--a complex field of overlapping and often conflicting policies--paints a fascinating portrait of different political actors and institutions working together. Accessibly written yet comprehensive in scope, Assisted Reproduction Policy in Canada highlights how paying attention to multiple policymakers can improve our knowledge of health care regulation.

 

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Contents

1 Understanding Assisted Reproduction Policy
3
2 The Royal Commission on New Reproductive Technologies and the Legacy of Past Frames
16
3 The Assisted Human Reproduction Act Comes to Fruition
35
4 The Assisted Human Reproduction Act Goes to Court
56
5 Surrogacy and Parentage Policy in the Provinces
80
Clinical Intervention Policy in Canada
110
7 Making Sense of Canadian Assisted Reproduction Policy
132
Appendix List of Interviews
155
Cases Cited
157
Statutes and Regulations Cited
159
Works Cited
161
Index
179
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About the author (2018)

Dave Snow is an assistant professor in the Department of Political Science at the University of Guelph.

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