Unit 1 Introduction to Health Law ENH 121 Study Notes
Unit 1 Introduction to Health Law ENH 121
Instructor and Course Information
Instructor: Daniel Huynh, BASc.
Affiliation: School of Occupational and Public Health, Toronto Metropolitan University (TMU)
Experience: 8 years in Occupational Health and Safety (OHS), specific fields including construction and software.
Courses taught include:
OHS 806 - Advanced OHS Law
ENH 121 - Environmental Health Law
OHS 523 - Safety Evaluation Techniques
OHS 818 - Systems Management II
Course Schedule and Venue
Days/Times: Thursday, 9:00 AM to 12:00 PM
Room: DSQ02
Office Information
Location: 3rd floor DCC CUPE office
Office Hours: By appointment only; available before and after class for questions.
Contact Information
Email: daniel.huynh@torontomu.ca
Important: Specify course code (e.g., “ENH121”) in the subject line when emailing.
Student Email Requirement: Mandatory to open and maintain a TMU email account, which will be used for all official correspondence. Students must regularly check their email and ensure maximum capacity is not exceeded.
Course Materials
Online Learning Platform: Course materials and announcements will be posted on D2L Brightspace. Students should check this platform regularly. Instructions on using D2L are found on the TMU website.
Textbook: No textbook required. Materials include:
Presentation slides
Excerpts from statutes and case law
Handouts distributed during class
Printing Recommendation: Slides printed as handouts (suggested: 6 slides per page).
Course Outline
Course Description
Examines the foundational aspects of law particularly relevant to public health and OHS for first-year students.
Discusses the constitutional bases for regulation related to environmental, public health, and occupational hazards.
Introduces regulatory, criminal, and common law proceedings, emphasizing examples of environmental and occupational hazards.
Purpose/Rationale
To understand the interplay between regulatory law (e.g., public health law and OHS law) and other legal domains (e.g., tort law, criminal law).
Highlights the need for professionals in public health and OHS to be knowledgeable about laws and interpret them effectively.
Addresses various legal relationships relevant to health and safety, including liability and negligence.
Emphasizes the dynamic nature of public health and OHS laws and the importance of staying informed about legal reforms and trends.
Teaching Methods
The course comprises exclusively live, in-person lectures.
Students should obtain notes from peers if they miss a lecture.
Lectures will align with designated units and may be divided into parts for easier consumption.
Learning Outcomes
Legal Concepts: Understand relevant legal concepts in public health and OHS.
Legal System: Comprehend the operation of the legal system and types of law.
Statutory Interpretation: Ability to interpret statutes accurately.
Enforcement Understanding: Familiarity with OHS and public health law basics, including regulatory enforcement protocols.
Policy Examination: Analyze specific policies, identifying legislative guidance.
Compliance Investigation: Understand the procedural requirements in compliance investigations including evidence gathering.
Engagement in Legal Processes: Review public and community facility plans for legislative compliance.
Course Evaluation
Mid-term Exam: 40% (Week 8, covering Units 1-6)
Final Exam: 60% (Scheduled in Exam period, covering Units 7-11, non-cumulative)
Exam Format: Multiple choice, true/false, closed book. Discussions regarding exam content will occur during class.
Marks and Grades
Mid-term grades typically posted within one to two weeks on D2L.
Final grades released only by the Registrar.
Requests for re-evaluation must be addressed to the instructor within 10 working days of grade release, accompanied by written justification.
Conduct During Exams
Exam scanner must be covered except for the area needed for answering.
Failure to comply may result in a zero for the exam. Return of both the scanner and exam copy is mandatory.
Missed Tests and Examinations
In accordance with Policy 167: Academic Consideration:
Notify the instructor immediately after missing an evaluation.
Submit a Request for Academic Consideration.
Provide supporting documentation via the ACR online portal within 3 working days.
Makeup tests with valid reasons may differ in format and timing.
Student Support
Accommodations: Students requiring academic support should register with the Academic Accommodation Support Office. Specific policies regarding exam accommodations for disabilities are outlined in Senate Policy 159.
Religious Observance: Requests for accommodations must be submitted via the online Academic Consideration Request within the specified timeframe.
University Policies
All students must adhere to relevant University policies, particularly the Student Code of Academic Conduct.
Additional Resources
Significance of adherence to university policies will be emphasized throughout the course.
Contextual Overview of ENH 121
ENH 121: A first-year course focusing on Environmental Health Law, attended by both public health (PH) and occupational health and safety (OHS) students.
Higher-level courses:
OHS 806 - Advanced Health and Safety Law (OHS students only)
ENH 721 - Public Health Law (PH students only)
Importance of Law in Public Health and OHS
Laws frame the operational context for PH and OHS professionals.
Compliance with the law is critical for inspectors and managers in these fields.
Legal interpretations and court decisions are foundational for shaping law.
Professionals can influence legal reform.
Key Legislation in Public Health and OHS
Public Health Acts
Health Protection and Promotion Act
Smoke Free Ontario Act
Safe Drinking Water Act
Food and Drug Act
Hazardous Products Act
Food Safety and Quality Act
Occupational Health and Safety Acts
OHS Act
Workplace Safety and Insurance Act
Canada Labour Code Part II
Smoke Free Ontario Act
Nuclear Safety and Control Act
Environmental Protection Acts
Environmental Protection Act
Ontario Water Resources Act
Fisheries Act
Nutrient Management Act
Canadian Environmental Protection Act
Pest Control Products Act
Transportation of Dangerous Goods Act
Summary of Unit 1 Content
Legal concepts including the distinction between law and other forms of social control.
Definitions and descriptions related to law such as "legal system" and "rule of law".
Connections between various perspectives influencing law: moral, economic, scientific, and political.
Definitions of Law
General Definition: Law is the system of rules recognized by a community for regulating actions of its members (Oxford Dictionary).
G. Gall (1995): Law is the core mechanism by which legal systems regulate societal conduct and interactions.
Variations in Meaning of Law
The term "law" remains context-sensitive, sharing slight variations of meaning.
S. Gifis (1975): Law encompasses a collective of rules established by legislatures or traditional customs.
Dukelow & Nuse (1995): Law functions as a governing rule over actions.
Characteristics of Law
Key features include equality, neutrality, the use of force, moral and logical reasoning, certainty, and flexibility, among others.
The Legal System
Definition and Components of a Legal System
A legal system consists not only of law content but also includes institutions, players, and processes involved in law’s enactment and enforcement.
Legal Institutions
Include representatives of the Crown, legislatures, the executive, judiciary, and administrative bodies.
Legal Processes
Actions like enacting legislation, regulations, and by-laws and adjudicating disputes are part of legal processes.
Participants in the Legal System
Citizens, government branches, courts, and various interest groups all play significant roles in shaping the legal framework.
Basic Concepts in the Canadian Legal System
Fundamental principles include the rule of law, the supremacy of Parliament, independent judiciary, the separation of powers, and bijuralism (two legal systems in Canada).
Forms of Justice
Types of Justice
Corrective Justice: Addresses harm between individuals, restores balance, basis of tort law.
Distributive Justice: Focus on fair allocation of resources based on established criteria.
Retributive Justice: Matching punishment severity to the offense, emphasizing fairness in sentencing.
Procedural Justice: Ensures fair decision-making processes and adherence to natural justice rules.
Perspectives on Law
Moral Perspective
Examines the relationship between law and morality, discussing natural law, Kantianism, and utilitarianism.
Economic Perspective
Analyzes how law supports optimal market functioning, addressing issues such as externalities and resource distribution.
Political Perspective
Investigates interest group dynamics and the implications of conflicts between legislative authority and judicial review.
Scientific Perspective
Considers the role of scientific evidence in regulatory issues and highlights disputes arising when scientific data is insufficient for policy formulation.
Conclusion
Throughout these discussions, students will develop an understanding of the legal frameworks that underpin public health and occupational health, providing essential tools for their future practice.