38-2 Birth and the Law Archives - LawNow Magazine

Midwifery in Canada

Midwifery is a health care profession distinct from nursing.  Midwives specialize in providing primary care to women during pregnancy, labour, birth and postpartum in relation to low risk prenatal, intrapartum and postnatal care.  They promote the natural birthing process of normal vaginal deliveries without drugs or surgical interventions, and are trained to handle low risk […]


Connie L. Mah
Connie L. Mah is a lawyer practising in Edmonton, Alberta.

Birth, Families and Employment

When a child comes into a family (through birth or adoption) and where the caregivers are employed (e.g., working for pay), there will need to be some kind of arrangement for leave from the employment in order to care for the child. Most families require that at least some portion of the leave is paid […]


Linda McKay-Panos
Linda McKay-Panos, BEd, JD, LLM, is the Executive Director of the Alberta Civil Liberties Research Centre in Calgary, Alberta.

Who is a Parent? Not a Simple Question!

If anything could be said about the law, it is slow to change.  Our social structure continues to evolve at a faster pace than the law, which is creating difficulties in society and the courts.  We are seeing impacts on individuals and couples who are having children in non-traditional ways as the definition of what […]


Stephanie Jansen
Stephanie Jansen is a student-at-law at the law firm of Attia Reeves in Edmonton, Alberta.

No Right to “Know One’s Past”: The BCCA in Pratten v British Columbia (Attorney General)

In a decision released on November 27, 2012, the British Columbia Court of Appeal (BCCA) in Pratten v British Columbia, 2012 BCCA 480, reversed the British Columbia Supreme Court’s (BCSC) decision that provisions of the provincial Adoption Act are unconstitutional as a result of their failure to take into account the rights of people conceived using sperm from an anonymous donor […]


Nikita Rathwell
Nikita Rathwell is one of the senior contributing editors of TheCourt.ca, a blog staffed by students at Osgoode Hall Law School, York University working under the supervision of a faculty member.

Legal and Ethical Support for Newborn Safe Havens

In May 2010, Providence Health Care in Vancouver announced the opening of the first newborn safe haven in Canada at St. Paul’s Hospital.  Four months later, Providence confirmed a healthy baby was dropped off at the hospital, setting off a further round of national and international media attention.   And now this year, following Providence’s lead […]


Geoffrey W. Cundiff
Geoffrey W. Cundiff M,D. is a Professor and the Head of Obstetrics & Gynaecology at the University of British Columbia.

Thomas D. Maddix
Thomas D. Maddix, CSC, D.Min. is a Consultant with Catholic health care.

Karen Macmillan
Karen Macmillan M.N. is the VP Operations, Acute Care at Grey Nuns Community Hospital, Covenant Health.

Gordon Self
Gordon Self, D.Min is the Vice President of Mission, Ethics and Spirituality for Covenant Health.

Josh Stachniak
Josh Stachniak, LLB is Legal Counsel for Covenant Health.

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