Professional LLM Specializing in Health Law

Course Descriptions*

The Canadian Health Care System: Legal Frameworks  [3 credits]
Health care in Canada is governed by multiple legal regimes that continue to increase rapidly in both number and complexity. The purpose of this course is to provide an overview of the legal frameworks within which health care systems, providers and funding regimes operate and patients receive care.

The Canadian Health Care System: Bioethics and the Law [3 credits]
This course is concerned with ethical problems or issues that are associated with the practice of the health-care professions. Both normative bioethical theories and law must respond to these health care ethical problems. The emphasis is on the analysis and critique of some of the major bioethical theories, and their application to some of the major health care problems and issues found at the intersection of law and bioethics.

Mental Health Law [3 credits]
This course introduces a legal framework for the delivery of mental health services in Canada. The course provides an historical introduction to mental health law, its policy underpinnings and a review of the major mental disorders. It also considers the differences and interplay between the civil and forensic mental health systems. It then covers key current issues at a more advanced level.

Comparative Health Law [3 credits]

This course examines the role of the legal system and of legal institutions in overseeing health care professionals, organizations, systems, and in protecting the rights of patients in various countries. It provides an international and comparative context for the study of Canadian health care law, considering the law of both common and civil law jurisdictions. It will focus primarily on the law of European and English-speaking countries, but will also touch on the law of countries from other legal traditions.

Human Rights, Globalization and Health Law [3 credits]
The intersection between human rights and disability is an area of health law that is expanding exponentially as globalization progresses. The purpose of this course is
to introduce a human rights framework to the concept of disability from both domestic and international perspectives.

Malpractice in Health Care [3 credits]

   This course has been accredited for 2.0 Professionalism Hours.

This course examines the potential civil liability of health care providers and institutions when patients have been injured as a result of health care. It will explore the manner in which legal principles, and in particular, those in tort, are applied to claims of medical malpractice. It addresses the liability of individual practitioners as well as institutional and government liability.

Information Technology in Health Law [3 credits]
This course examines the use of information technology in health law and how regulation affects the use of technology in health care. Today’s health care systems, in Canada and around the world, depend increasingly on information technology as an essential part of the efficient delivery of health care. This delivery is undergoing changes that have not been experienced in decades. The challenge continues
to be how to apply existing legal concepts and norms to meet the issues associated with the widespread use of information and communication technologies in health

Professional Governance [GSLaw 6863] [3 credits]
In all provinces and territories, governments have delegated a large measure of power over, and responsibility for governance to, accepted health professions. Many thousands of health care providers are members of self-regulating professions, making them subject to a legal regime with broad powers over their professional lives. These self-regulatory regimes represent a significant interpenetration of public and private institutions, an approach that characterizes a growing number of areas of administration in the modern state. This course explores
how these legal regimes operate, and critically analyzes the implications of the policy choice to delegate professional governance to members of the profession themselves.

Health Facilities Law [GSLaw 6858] [3 credits]
This course studies the organization of public and private health facilities in Canada and the specific legal issues that challenge them. There are a number of statutes
that regulate the governance and management of health facilities such as public hospitals, long-term care facilities, nursing homes, chronic care facilities, community care organizations and independent clinics. In some provinces, the governance and management of public hospitals takes place on a regional basis; in others the focus is still on individual hospitals for which a board of trustees exercises control and authority. The course examines the initiatives being undertaken to improve patient safety and the issues of privacy and legal liability to which these initiatives give rise.

Biotechnology and Issues in Health Law [3 Credits]
This course enables students to consider some of the recent scientific and technological innovations in the area of health and the implications of these new technologies for legal regulatory frameworks. It is divided into five broad areas: (1) reproductive technologies; (2) body rights and integrity; (3) death and dying; (4) research, where issues of health law that arise as a result of human research are
analyzed; and (5) regulation – how science and regulation of health interact. The course explores many of the themes in a comparative way, looking at approaches adopted in other countries around the world.

Intellectual Property in Health Law [3 credits]
This course explores the nature of and interrelationship between intellectual property rights and the remedies available to give effect to these rights. The course examines these matters from the perspectives of the holder of the rights, the persons alleged to be infringing those rights and the public. The remedies examined will include traditional litigation remedies, including injunctive and monetary relief; administrative law remedies, including judicial review of decisions that affect the grant of monopoly power; and non-litigious approaches to resolution of intellectual property disputes.

Pharmaceutical Regulation [3 credits]
This course explores pharmaceutical regulation and legal and policy responses to issues raised in the context of global diseases such as HIV/AIDS. The role and regulation of alternative medicines and therapies is also explored. The course gives students a foundation for understanding these issues in the current context from a legal regulation and jurisprudential perspective, also taking into account political, social and economic issues.

Major Research Paper [6 credits]
A Major Research Paper (MRP) of approximately 70 pages may be completed on an approved topic in Health Law, provided appropriate supervision is available.

The MRP should go beyond merely describing legal developments to include independent critical analysis of its subject matter. It should be work of publishable quality. You will be required, at a minimum, to submit to your supervisor an outline and bibliography for approval. The final paper is marked on a pass/fail basis.

Note: Not all courses are offered every year or program cycle.