Introduction to the Canadian Legal System and Privacy Law

A comprehensive set of flashcards covering key concepts from the lecture notes on the Canadian legal system, privacy law, informed consent, and related topics.

What is the Constitution in the context of Canadian law?

A living tree capable of growth and expansion.

What is an example of federal legislation in Canada regarding health?

Health Professions Act.

What is common law comprised of?

Judge-made cases and interpretation of legislation.

How does common law promote efficiency?

By ensuring stability and coherence in laws.

What is the hierarchy of the Canadian court system?

Alberta court of justice → court of King’s bench → Alberta court of appeal → Supreme Court of Canada.

What is the primary focus of criminal law?

Intentional harms committed against certain individuals.

What does civil law primarily deal with?

Disputes among private parties.

What is the purpose of administrative law?

Delegation of power by government to administrative bodies.

Why might a patient initiate a civil proceeding?

To vindicate suspicions or meet financial burdens due to harm.

What is the standard of proof in civil litigation?

Balance of probabilities.

In malpractice litigation, what role does the treating professional serve?

Fact witness and defendant.

What are the stages of civil proceedings?

Investigations, pleadings, document discovery, oral discovery, expert opinions, trial.

What is the relationship between courts and regulators?

Courts handle civil disputes, while regulators operate under statutes enacted by the legislature.

What powers do regulators like the ACP have?

Authority derived from enactments by the legislature.

What is the role of the registrar in a regulatory body?

Determines applications for registration and annual renewals.

What titles are protected for clinical pharmacists in Alberta?

Pharmacist, clinical pharmacist, registered pharmacist.

What does the Continuing Competence Program ensure?

That health professionals meet required standards and can be referred for discipline if needed.

What is the purpose of the Health Information Act?

To govern the collection, use, and disclosure of health information by custodians and affiliates.

What must be included under the definition of personal information?

Any information about an identifiable individual.

What is included in the concept of informed consent?

Patients should have control over their healthcare decisions.

What are the two ways consent can be given?

Expressed or implied.

For minors, who can give consent if they are not capable?

A parent or legal guardian.

What is the significance of an advance directive?

It outlines a person's healthcare preferences.

Under what circumstances is informed consent considered valid?

When provided voluntarily with an understanding of risks and alternatives.

What are the four elements of negligence?

Duty of care, breach of standard of care, injury, and causation.

What is a common defense in malpractice litigation?

Denial of breach of standard of care.

What can lead to hospital liability?

Direct liability and vicarious liability.

Why is documentation important in healthcare?

For effective communication, legal records, and continuity of care.

What test is used to establish factual causation in malpractice cases?

The 'but for' test.

What are damages in negligence classified as?

Pecuniary and non-pecuniary.

What is the maximum common law limit for general damages?

$100,000.

What is essential for establishing the relationship between care and alleged injury?

Documentation of care provided.

What were the Supreme Court's findings regarding MAID?

It infringed on section 7 of the Charter of Rights and Freedoms.

What criteria must be met for a patient to be eligible for MAID?

Grievous and irremediable medical condition causing enduring suffering.

What is an advance request in MAID context?

A request made in anticipation of losing capacity to consent.

How long must a patient wait after the first assessment of eligibility for MAID?

90 clear days.

What must be documented before a pharmacist dispenses medication for MAID?

Informed consent.

What is implied consent?

Consent inferred from actions or circumstances.

What is considered public information by regulatory bodies?

Discipline information and hearing decisions.

What is the definition of personal health information?

Information regarding an individual's health status, treatment, and care.

What must a public body do before collecting personal health information?

Notify the individual about the purpose of collection.

What happens if a healthcare provider breaches privacy laws?

They may face professional discipline or civil claims.

What does the protection of health information require from custodians?

To take reasonable steps to maintain safeguards.

What is the consequence of non-compliance with the Health Information Act?

Penalties may include fines and sanctions.

What are the statutory causes of action in privacy law?

Intrusion upon seclusion and public disclosure of private facts.

What constraints does the Privacy Act place on public bodies?

Controls on how they collect, use, and disclose personal information.

What does the Personal Information Protection Act (PIPA) ensure for individuals?

The right to have their personal information protected.

What kind of risks can arise from privacy breaches?

Risks to personal safety, identity theft, and reputational damage.

What is the role of the ACP in managing pharmacists' conduct?

To enforce standards and ensure compliance with regulations.

What does informed consent entail for healthcare professionals?

Providing all relevant information about risks and treatment options to patients.

What are hearing tribunal sanctions for breaches of the HIA?

Written reprimand, completion of ethics course, or suspension.

What requirement applies to privacy legislation in relation to data breaches?

Mandatory reporting to OIPC and affected individuals.

What is the fundamental principle of informed consent?

Patients must be fully informed prior to consenting.

What does a patient need to do in case they wish to withdraw their MAID request?

Indicate withdrawal at any time in any manner.

How does the government monitor the administration of MAID?

By collecting data on its implementation and outcomes.

What is required during the MAID assessment for patients whose natural death is not foreseeable?

Consultation with someone with expertise related to the patient's condition.

What is meant by 'voluntary request' in the context of MAID?

A request made free from external pressure.

What is a common pitfall in healthcare litigation?

Failure to document care appropriately.

What is a key challenge regarding AI and privacy?

Improper collection and use of personal information.

What must health professionals do if they are unable to assist with MAID?

Notify their employer to make alternative arrangements.

What happens if a patient’s mental state excludes them from MAID criteria?

They are not eligible for assistance in dying.

What knowledge must pharmacists have related to prescriptions for MAID?

They must be informed if a prescription is for assisted dying.

What must the patient give to initiate the process for MAID?

Informed consent prior to the procedure.

What does the term 'capacity' refer to in the medical consent context?

The ability to understand and make informed healthcare decisions.

What can justify a breach of duty of care in negligence cases?

Emergencies or unforeseen circumstances affecting the healthcare provider's actions.

What should be done if health information is lost or accessed without authorization?

Report the breach to the OIPC and affected parties.

What does the term 'vicarious liability' mean?

An employer is held responsible for the actions of employees within the scope of employment.

What must be documented for a claim regarding informed consent failure?

Evidence of the discussion and patient's understanding.

What is the significance of documenting treatment protocol?

It serves as a legal record and ensures standard care.

What role do expert consults play in legal proceedings?

Provide opinion evidence regarding professional standards.

What protects the title of a pharmacist under regulations?

Regulatory requirements set by governing bodies.

In a healthcare context, what signifies 'self-administration' for MAID?

When a patient opts to take the prescribed substance themselves.

What does the term 'mental illness exclusion' refer to in MAID?

Mental health conditions that do not qualify for assisted dying criteria.

What does the phrase 'Duty of Care' indicate?

The obligation of healthcare providers to avoid harm to patients.

What is the purpose of the confidentiality agreement in healthcare?

To protect patient information from unauthorized access.

What does 'reasonable foreseeability' imply in negligence law?

A risk that a reasonable person in the defendant’s position would not dismiss as improbable.

How should consent discussions be documented?

By outlining information provided and the patient's acknowledgment.

What are potential penalties for breach of privacy statutes?

Fines and disciplinary measures imposed on the infringer.

What is a healthcare provider's legal safeguard against negligence claims?

Complete and thorough documentation of patient interactions.

What must happen before a MAID prescription is filled?

The pharmacist must be informed that it is for MAID.

What can affect the standard of care in negligence cases?

The context of the medical situation and peer standards.

What are the consequences of a collapsed patient-physician relationship?

Increased risk of malpractice litigation.

What must healthcare practitioners do post-MAID administration?

Report the event as per federal regulations.

What does the term 'public disclosure of private facts' mean?

Revealing private information that exposes someone to public scrutiny.

What is required of a healthcare provider if a patient expresses a desire to refuse treatment?

Respect the patient's wishes within the ethical framework.

How can healthcare providers maintain their legal protections?

By adhering to regulations and documenting all interactions thoroughly.

How does the healthcare system in Canada ensure patient autonomy?

By enforcing rules regarding consent and treatment decision-making.