Changes to the Law: Reimbursement of Surrogates and Donors

Since 2004 we've been waiting for the Assisted Human Reproduction Act to tell us what expenses can lawfully be reimbursed to donors and surrogates. Finally, the time has come. Mostly.

No-visitor policy challenged during COVID-19

A brief summary of the first case in Ontario challenging a hospital's no-visitor policy during COVID-19.

How does COVID-19 affect medical assistance in dying (MAID)?

With an ongoing pandemic, and the pressing need to practice physical distancing, finding a witness for MAID just got a whole lot harder.

Lisa Feldstein Law Office will be working exclusively out of the office on account of COVID-19

Effective Monday, March 16, 2020 Lisa Feldstein Law Office will be working exclusively out of the office.

What legal duties and risks must travelers accept during the Coronavirus outbreak?

Mitigating the spread of a communicable illness is a responsibility we all share. No government can do it effectively without the cooperation of its citizens. But they can make it unappealing to break the law and tempt our fate.

Canada is about to change who is eligible for medically assisted death

After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.

What goes into an embryo donation contract?

Embryo donation agreements all have one thing in common. Can you guess what?

Safety of Sperm and Ova Regulations

We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...

What is a Power of Attorney for Personal Care?

Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.

Holidays and POAs: 4 things to consider when gift-giving on behalf of a person with dementia

It’s holiday time and questions often arise about whether gifts can be given on behalf of a person who, legally, isn’t capable of managing property.

3 Things You Should Know If Your Parent Has Dementia

Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

Is it legal to retrieve sperm from a dead man – and use it to have a baby? The short answer is exactly what you’d expect from a lawyer: it depends. The long answer, for Canada at least, is that it depends on whether the deceased man put his wishes in writing and who would be using the sperm.

Can you commit someone with a Fortnite addiction to a psychiatric facility?

There are parents who describe their teenagers as “addicted” to video games. They might be right. On their path to seek help for their kids who seem lost in another world, could they have their children committed to a psychiatric facility? Perhaps.

Can your doctor record your appointment on video?

A Toronto clinic violated Ontario's privacy laws by having video cameras placed throughout the premises without obtaining patient consent.

Let’s talk about dementia – and how to support caregivers

If you know someone caring for a loved one with dementia, you have to read this blog post!

Health Canada Plans to Consider Amending Assisted Human Reproduction Act

Health Canada expresses plans to amend the Assisted Human Reproduction Act

Healthcare Serial Killers and the Long-Term Care Homes Public Inquiry Final Report

The Long-Term Care Homes Public Inquiry Final Report contains a surprising amount of information about healthcare serial killers.

Changes to Reimbursements of Surrogates and Donors

Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.

Can your ex legally refuse to vaccinate your kids?

An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.

Can doctors get in trouble for messy handwriting?

Physicians are infamous for their sloppy handwriting. But are there legal consequences?

Goodbye LHINs; Hello Ontario Health

The Ontario government recently proposed legislation that, if passed, would fundamentally change the delivery of health services in Ontario.

Reproductive Health Law Chapter

Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".

Proposed Regulations to the Assisted Human Reproduction Act: Lisa Feldstein’s Submissions to Health Canada

Here are the submissions made by Lisa Feldstein to Health Canada.

Free Birthing: A Health Lawyer’s Perspective

“Free birthing” is a movement of pregnant women rejecting the medicalization of birth and intentionally delivering babies outside the health care system. Why do people do it? Is it legal? And what can be done instead?

Two upcoming fertility law events!

The week of November 19 is all about fertility law!

Advance Requests for Medically Assisted Death

Should advance requests to medically assisted death be legal?

Upcoming Event for Caregivers - October 13, 2018

I will be presenting on Planning for Incapacity: Legal Consent and Decision-Making as part of a FREE workshop taking place Saturday, October 13 in King City, Ontario. Please join us and spread the word to caregivers of seniors!

OHIP Coverage Outside Ontario

An Ontario woman was told by the government that her physiotherapy in Alberta would be covered by OHIP. It wasn't. She appealed - and lost.

Surrogacy Contract Process

Confused about surrogacy law? Here is an overview of the legal process.

What happens to frozen embryos when a couple gets divorced?

An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.

When is a person legally dead?

A person who is brain dead often does not appear dead. Their heart can still be beating and their chest may rise and fall. These behaviours raise the question, when should a personally be legally dead?

Is commercial surrogacy becoming legal?

In Canada it is currently against the law to pay someone to donate sperm or eggs, or to be a surrogate. One politician wants to change that.

What is a proposed representative?

The term "proposed representative" is not in most people's vocabulary, and doesn't need to be. But if you are a family caregiver and the term arises, chances are there is a conflict about who makes health care decisions for a loved one.

Canadian Infertility Awareness Week 2018 PSA

Today is the first day of Canadian Infertility Awareness Week 2018. To those who are struggling, you are not alone [...]

How to Save Money on Your Taxes

It’s tax time! From ambulance services and assisted breathing devices to medical marijuana and wigs, a variety of expenses can save you money on your taxes...

National Caregiver Day

Today is National Caregiver Day. At Lisa Feldstein Law Office, we interact with caregivers all the time. They constantly impress us with the knowledge they’ve acquired, the sacrifices they make, and the balancing acts they perform. They are not always heard by health professionals. They are not always thanked by their loved ones. But they are the invisible backbone of our health care system. So cheers to the caregivers! You are amazing! And YOU ARE NOT ALONE!

5 signs a POA needs legal advice

Many people appointed under a POA do not know they have specific legal obligations, and that they could face serious financial and other consequences if they do not satisy their duties.

Doctors Required to Make “Effective Referrals” (even if they morally object to the service)

In Ontario, if a doctor has a religious, moral or ethical objection to providing a medical service, such as abortion or medical assistance in dying, they can refuse..

The gift of time: How to use the holidays to check on your family’s well-being

With the holidays comes an opportunity to spend time with family and check on how loved ones are doing. As our relatives age or enter new stages of life, some of them may face health challenges we only discover when we visit in person.

Government proposes new MAID regulations

The federal government has proposed new laws that would require certain health professionals involved with medical assistance in dying (“MAID”) to file reports about MAID.

Does a “Do Not Resuscitate” Tattoo Have to be Followed?

A man in Florida tattooed “DO NOT RESUSCITATE” (often referred to as “DNR”) on his chest. Later in life he was brought into the emergency department in an unconscious state and his health care professionals were subsequently left to ponder whether they could – or should – honour his wish if his heart stopped.

Do I need a surrogacy agreement with my cousin?

When new clients contact us about surrogacy, one of their first questions is whether a surrogacy contract is really required when the surrogate is a relative. Our answer is always the same: yes...

Bill 160 could make it harder for families to protect loved ones with dementia

The Ontario government introduced a new bill (“Bill 160, Strengthening Quality and Accountability for Patients Act, 2017″) that, if passed, would create a variety of changes within our health care system

Boy with autism not allowed to bring service dog to school (and why the Human Rights Tribunal says that’s ok)

The Human Rights Tribunal of Ontario recently decided that a nine-year-old boy with Autism does not have a right to bring his service dog with him to his elementary school... So, what does this decision mean for other children who utilize service animals?

Illegal (but life-saving) pop-up overdose prevention site opens in Toronto

Once in a while illegal activity is not prosecuted because it appears to be in the best interests of the public. This is currently happening in Toronto, where Harm Reduction Workers set up an illegal pop-up overdose prevention site in Moss Park because they believed the opioid crisis is at a point where drug users in the city cannot wait months for a legal supervised injection site.

Assisted Human Reproduction Act Amendments on the Horizon: Have Your Say!

Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.

Assisted Dying: Ontario Court Clarifies Meaning of “Reasonably Foreseeable Death”

An Ontario Court has brought some clarity to confusing language in the Criminal Code that regulates medical assistance in dying in Canada.

National Family Caregiver Day

April 4, 2017 was the first ever National Family Caregiver Day in Canada. In support of caregivers I attended the City of Toronto Caregiver Appreciation Event and watched Toronto Mayor Tory proclaim April 4th to be Family Caregiver Day in Toronto.

How to Reduce Abuse & Conflict Involving Powers Of Attorney (Reflections on Law Reform Recommendations)

This blog reviews – and strongly endorses – two of those recommendations made by the Law Commission of Ontario relating to powers of attorney.

Ontario proposes medical assistance in dying legislation

On December 7, 2016 the Ontario government introduced Bill 84, Medical Assistance in Dying Statute Law Amendment Act, 2016 to fill some gaps that were outside Parliament’s authority to legislate.

Hospital staff should not have to review surrogacy contracts: potential implications of Bill 28

There is a new Bill in government that would alter how surrogacy operates in Ontario.

Bill 28: Lisa Feldstein’s Submissions to Government

See what we submitted to the government.

Ontario proposes to redefine parentage

On September 29, 2016 the Ontario government introduced a new Bill that would fundamentally change the legal landscape with respect to who is a parent.

Criminal Record Checks for Volunteers: Balancing Public Safety and Convenience

There have been efforts over the past several years to amend the law so that a volunteer can use the same police check for multiple organizations. The latest effort to enact this change came on September 15, 2016, with the first reading of Bill 15, Helping Volunteers Give Back Act, 2016. Variations of this Bill have been introduced previously in the Ontario Legislature.

Should the “Death Care” Industry be Regulated?

There have been several media articles about “death doulas” or “death midwives”, who provide services to people who are dying and their families. The fact that many of these individuals are volunteers makes it clear they are driven by a passion to help. However, as a new field there are multiple legal issues that could pose problems for these service providers and the public alike.

Assisted Dying Law to be Challenged

On June 17, 2016, Bill C-14 passed and thus Canada now has legislation to govern physician-assisted deaths. On June 27, 2016, the British Columbia Civil Liberties Association launched a legal challenge to the new legislation.

Parents, Caregivers & Daycares Take Note: New Canadian Crib Regulations

On June 29, 2016, the Government of Canada introduced new regulations to ensure the safety of cribs, cradles and bassinets.

Physician-assisted dying now officially legal in Canada: Myths vs Facts

Physician-assisted dying (also called medical assistance in dying) is legal in Canada. There have been many twists and turns on the path to legalization, and consequently a great deal of confusion about the state of the law. This blog will sort out a few of the myths from the facts.

Parliament Proposes Assisted Dying Law – how does that affect me?

Canada’s Parliament introduced medical assistance in dying legislation (Bill C-14).

Ontario Court Grants First Order Permitting Physician-Assisted Death

An Ontario court has granted its first order allowing a person to die with the assistance of a doctor.

Barriers becoming apparent for those seeking permission to die

People seeking permission to have a physician-assisted death are finding that there are many barriers to overcome before applying to court.

Court delays assisted-dying law by 4 months, but Quebec exempt and individuals can apply to court for special permission to access physician-assisted dying

The Supreme Court of Canada has decided to grant Parliament’s request to delay laws that would make physician-assisted suicide legal in Canada… in part.

Cy and Ruby’s Act: One step forward for LGBTQ equality, one step back for surrogacy

Cy and Ruby’s Act will create real change in Ontario. But hopefully the path to equality will not be accompanied by introducing fundamental flaws to surrogacy procedures in Ontario.

Physician-assisted dying now legal in Quebec… or is it?

There is confusion about whether Quebec physicians can legally assist people to die between December 10, 2015 and February 6, 2016.

Should parents be allowed to stunt the growth of and sterilize their disabled child?

A New Zealand girl born with developmental disabilities is unable to speak, walk or see. In an effort to make her life better, her family decided to stunt her growth and remove her uterus.

Ontario Government Announces IVF Funding – Starting December 2015!

As of December 2015 the Ontario government will start to pay for IVF.

Will My Doctor Be Allowed to Kill Me? And Other Questions about Physician-Assisted Suicide in Canada

In February 2016 physician-assisted suicide will be legal in Canada. And we need to talk about it.

Do you have an opinion about what Canada’s assisted dying laws should look like?

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Privacy Bill Introduced in Ontario Legislature

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Reflections on Family Councils and the Family Councils Conference

Family Councils Ontario recently held its annual 2-day conference in Toronto and it was inspiring to hear about the great work being performed by Family Councils throughout the province.

Privacy law amendments coming soon: but will they make a difference?

It was reported that the government intends to introduce amendments to the existing health privacy law that will impose harsher penalties for people who breach patient privacy. It appears that the proposed amendments will also require hospitals, and possibly other health care providers, to report to the Information and Privacy Commissioner (“IPC”) when a privacy breach has occurred. But will these amendments make a difference?

Thrilled to be recognized as a Precedent Setter!

Lisa Feldstein was recently announced as a recipient of a 2015 Precedent Setter Award.

Case Update: Aboriginal right to traditional medicine does not trump best interests of the child

The parents of an Aboriginal girl with cancer were allowed to refuse chemotherapy; the parties returned to court to have the judge clarify the decision.

Lisa Feldstein interviewed on Caregiving Matters about Appointing Multiple People in Your Powers of Attorney

Lisa Feldstein was interviewed on Caregiving Matters for their Power of Attorney Project.

What happens when a sperm bank does not properly screen its donors?

An Ontario couple is suing a Georgia sperm bank because the donor profile was allegedly falsified.

Should we be allowed to deny our future selves food and water?

Which “self” should prevail if the future “self” is a different person?

Will there be a new Dr. Kevorkian?

The Supreme Court of Canada’s recent decision opens the door for physician-assisted suicide in Canada.

Supreme Court of Canada Rules to Permit Physician-Assisted Suicide: Carter v. Canada (Attorney General)

Winning a Canadian Law Blog Award a great way to end 2014!

Assisted Suicide Bill on the Table… Again

Can surrogacy expenses be deducted when filing taxes?

Are daycares required to take children outside in -20°C?

Judge rules Aboriginal family can refuse chemotherapy for 11 year old

Family members should evaluate all options before proceeding with legal action (or HPARB upholds CNO refusal to take further action)

Mom has dementia: what should I do?

What are some things a person should do upon a diagnosis of dementia?

Legal Considerations for People with ALS and their Caregivers

Twin with Down Syndrome left behind with surrogate

Calgary fertility clinic criticized for controversial policy ban on blending races

Lisa Feldstein published by Cancer Knowledge Network: “Legal Considerations before Freezing Embryos”

Payment of blood donors may become illegal in Ontario

Why intended parents and surrogates should think twice about traditional surrogacy

Bill C-607: An act to amend the Assisted Human Reproduction Act (surrogacy)

Canadian non-profits risk dissolution in October 2014

What happens when a child refuses life-saving treatment?

Employment Standards Amendment Act (Leaves to Help Families) Passed in Ontario Legislature

Ontario Government to Fund IVF

Lisa Feldstein interviewed on Family Caregivers Unite

Lisa Feldstein published in the National Post

Transgender* patients avoid medical care because of discrimination

Can I use my friend’s surrogacy agreement?