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Social Science Disease & Health Issues

Vulnerable

The Law, Policy and Ethics of COVID-19

edited by Colleen M. Flood, Vanessa MacDonnell, Sophie Thériault & Sridhar Venkatapuram

contributions by Jane Philpott, Katherine Fierlbeck, Lorian Hardcastle, Aimée Craft, Deborah McGregor, Jeffery Hewitt, Michelle Giroux, David Robitaille, Amir Attaran, Adam R. Houston, Bryan Thomas, Carissima Mathen, Alexandra Flynn, Mel Cappe, Grégoire Webber, Tim Caulfield, Jeffrey Simpson, Paul Daly, Marie-France Fortin, Jennifer A. Quaid, Kumanan Wilson, Teresa Scassa, Kelly Bronson, Jason Millar, Vardit Ravitsky, Daniel Weinstock, Terry Skolnik, Martha Jackman, Delphine Nakache, Yves Le Bouthillier, Martine Lagacé, Linda Garcia, Leilani Farha, Kaitlin Schwan, Adelina Iftene, Jamie Chai Yun Liew, Y.Y. Brandon Chen, Anne Levesque, Kwame McKenzie, Jennifer A. Chandler, Mona Gupta, Yasmin Khaliq, Simon Hatcher, Olivia Lee, Tess Sheldon, Ravi Malhotra, Pat Armstrong, Hugh Armstrong, Ivy Bourgeault, Katherine Lippel, Louise Bélanger-Hardy, Vanessa Gruben, Sarah Berger Richardson, Anis Chowdhury, Jomo Kwame Sundaram, Sam Halabi, Chidi Oguamanam, Steven J. Hoffman, Patrick Fafard, Céline Castets-Renard, Eleonore Fournier-Tombs, E. Richard Gold, Jeremy de Beer, Matthew Herder & Jason W. Nickerson

Publisher
University of Ottawa Press
Initial publish date
Jul 2020
Category
Disease & Health Issues, Health Policy, Infectious Diseases
  • eBook

    ISBN
    9780776636436
    Publish Date
    Jul 2020
    List Price
    $34.99
  • Hardback

    ISBN
    9780776636412
    Publish Date
    Jul 2020
    List Price
    $95.95
  • Paperback / softback

    ISBN
    9780776636405
    Publish Date
    Jul 2020
    List Price
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div ltr="" bcx7="" scxw138791074"segoe="" ui",="" "segoe="" ui="" web",="" arial,="" verdana,="" sans-serif;="" 12px;"="">p scxw138791074="" bcx7"="" paraid="1876145718" paraeid="{8d63d82c-c293-4ef5-95d5-c98003d699fe}{175}">La COVID-19 a frappé 212 pays à ce jour, sur tous les continents sauf l'Antarctique.    div ltr="" scxw138791074="" bcx7"segoe="" ui",="" "segoe="" ui="" web",="" arial,="" verdana,="" sans-serif;="" 12px;"="">p scxw138791074="" bcx7"="" paraid="1972184426" paraeid="{8d63d82c-c293-4ef5-95d5-c98003d699fe}{185}">Notre vie familiale, nos interactions sociales, le fonctionnement de nos gouvernements et les relations entre les pays ont subi de profonds changements en quelques mois. Il sera difficile de se souvenir, plus tard, de tout ce qui est arrivé. C'est pourquoi un travail de collaboration comme celui présenté dans cet ouvrage multidisciplinaire est nécessaire.   div ltr="" scxw138791074="" bcx7"segoe="" ui",="" "segoe="" ui="" web",="" arial,="" verdana,="" sans-serif;="" 12px;"="">p scxw138791074="" bcx7"="" paraid="1122064111" paraeid="{8d63d82c-c293-4ef5-95d5-c98003d699fe}{189}">Ce livre aborde les vulnérabilités et les interconnexions mises au jour par la pandémie et ses conséquences, ainsi que les actions entreprises sur les plans juridique, éthique et politique. Il examine les vulnérabilités des personnes qui ont été ou qui seront directement touchées par le virus et de celles qui sont lésées par les mesures prises pour ralentir sa propagation; les vulnérabilités exposées de nos institutions, de notre système de gouvernance et de nos structures juridiques; et les vulnérabilités dans d'autres pays, où des injustices persistantes nous nuisent à tous.     div ltr="" scxw138791074="" bcx7"segoe="" ui",="" "segoe="" ui="" web",="" arial,="" verdana,="" sans-serif;="" 12px;"="">p scxw138791074="" bcx7"="" paraid="1120765664" paraeid="{8d63d82c-c293-4ef5-95d5-c98003d699fe}{229}">Il faut espérer que la COVID-19 nous poussera à réfléchir sérieusement à notre façon de gouverner et de fixer nos priorités politiques, et nous incitera à tenir compte de tous les segments de la société, et non seulement de certains d'entre eux, lorsqu'il s'agit de nous préparer, de prendre des mesures de précaution et d'assurer la reprise des activités.  Publié en anglais avec quelques chapitres en français.

About the authors

Colleen M. Flood is Full Professor at the University of Ottawa and a University Research Chair in Health Law & Policy. She is inaugural director of the Ottawa Centre for Health Law Ethics and Policy. Her primary areas of scholarship are in comparative health care law & policy, public/private financing of health care systems, health care reform, constitutional law, administrative law, and accountability and governance issues more broadly.

Colleen M. Flood's profile page

Vanessa MacDonnell is an Associate Professor at the University of Ottawa Faculty of Law and Co-Director of the uOttawa Public Law Centre. She researches in the areas of Canadian constitutional law, constitutional theory, comparative constitutional law, and criminal law and procedure.

 

Vanessa MacDonnell's profile page

The Honourable Jane Philpott, MD, CCFP, MPH, PC is a Professor of Family Medicine, Dean of the Faculty of Health Sciences and Director of the School of Medicine at Queen’s University in Kingston, Ontario. She is a medical doctor, educator, and former Member of Parliament. Her research interests include medical education, primary care, and the Indigenous health workforce.

 

Jane Philpott's profile page

Sophie Thériault is a Full Professor and Vice-Dean (Academic) in the Faculty of Law (Civil Law Section), at the University of Ottawa. She is also a lawyer and member of the Global Young Academy. Professor Thériault’s research focuses on Indigenous peoples’ rights in the context of natural resources extraction; Indigenous environmental governance; environmental justice and environmental rights; and food security and sovereignty for Indigenous peoples.

 

Sophie Thériault's profile page

Sridhar Venkatapuram is an academic-practitioner in global health ethics and justice. He is an Associate Professor at King’s College London, and Director of Global Health Education and Training at the King’s Global Health Institute. His research interests include public and global health ethics, social determinants of health, the capabilities approach, health equity, and global governance for health.

 

Sridhar Venkatapuram's profile page

Katherine Fierlbeck is the McCulloch Professor of Political Science at Dalhousie University, with a cross-appointment as professor of Community Health and Epidemiology.

Katherine Fierlbeck's profile page

Lorian Hardcastle's profile page

Aimée Craft is an Indigenous (Anishinaabe-Métis) lawyer (called to the Bar in 2005) from Treaty 1 territory in Manitoba. She is currently an Assistant Professor at the Faculty of Common law, University of Ottawa. Craft is the former Director of Research at the National Inquiry into Missing and Murdered Indigenous Women and Girls and the founding Director of Research at the National Centre for Truth and Reconciliation. Her book, Breathing Life into the Stone Fort Treaty: An Anishnabe Understanding of Treaty One (2013) won the Eileen McTavish Sykes Award for Best First Book.

Aimée Craft's profile page

Deborah McGregor is an Associate Professor and currently holds a Canada Research Chair in Indigenous Environmental Justice at Osgoode Law School and Faculty of Environmental Studies, York University.

Deborah McGregor's profile page

Jeffery Hewitt's profile page

Michelle Giroux's profile page

David Robitaille's profile page

Amir Attaran's profile page

Adam R. Houston's profile page

Bryan Thomas is an Adjunct Professor and Senior Research Fellow with the Centre for Health Law, Policy and Ethics at the University of Ottawa. His research spans a wide range of topics including Canadian and comparative health law and policy, health rights litigation, long-term care, global health law, and the role of religious argument in legal and political discourse. Dr. Thomas holds an SJD from University of Toronto and a Master’s degree in philosophy from Dalhousie.

Bryan Thomas' profile page

Carissima Mathen is Associate Professor of Law at the University of New Brunswick. She is a former Director of Litigation for the Women's Legal Education and Action Fund (LEAF). Professor Mathen's areas of expertise are constitutional, criminal and comparative constitutional law. She has published widely in these areas.

Carissima Mathen's profile page

Alexandra Flynn is an Assistant Professor at the Peter A. Allard School of Law at The University of British Columbia, where she specializes in municipal law and governance. She teaches interactive, practice-based courses in legal research, municipal and planning law, and administrative law. Prior to joining UBC, Alex was an Assistant Professor in the City Studies program at the University of Toronto (Scarborough), where she taught and researched in the areas of urban governance, property, and local government law. Her previous project, “Reimagining Local Governance: The Landscape of “Local” in Toronto” (2017), examined Toronto's complex local governance model along with its motley of institutions — some granted delegated authority and some not. Her current project focuses on Indigenous-municipal relationships in the land use planning process. In 2017, she received a SSHRC Insight Development Grant to investigate the notion of a “municipal duty to consult” and its potential for reciprocal, respectful relationships between Indigenous and municipal governments.

Alexandra Flynn's profile page

Mel Cappe's profile page

Grégoire Webber's profile page

Tim Caulfield's profile page

JEFFREY SIMPSON was born in the USA and moved to Canada as a child.Millions of Canadians read his highly respected national affairs column in The Globe and Mail and watch his commentary on CBC Television news.He is the author of three bestselling books, Faultlines, Spoils of Power and Discipline of Power, which won the Governor General's Award for Non-Fiction.He has won the National Magazine Award for political writing and the National Newspaper Award for column writing.In January 2000, he was appointed an Officer of the Order of Canada.Jeffrey Simpson lives in Ottawa.

Jeffrey Simpson's profile page

Paul Daly was an award winning photojournalist in Ireland prior to moving to Newfoundland and Labrador. He garnered a local following as ”that photographer from The Independent." His images have been featured in newspapers and magazines nationally and internationally.

Paul Daly's profile page

Marie-France Fortin's profile page

Jennifer A. Quaid's profile page

Kumanan Wilson's profile page

Teresa Scassa is the Canada Research Chair in Information Law at the University of Ottawa, where she is also a professor at the Faculty of Law. She is a founder and former editor of the Canadian Journal of Law and Technology; author of Canadian Trademark Law (LexisNexis, 2010); co-author of Electronic Commerce and Internet Law in Canada (CCH Canadian Ltd, 2012), which was the winner of the 2013 Walter Owen Book Prize; and co-author of Canadian Intellectual Property Law: Cases, Notes and Materials (Emond Montgomery, 2013). She is also a co-editor of the recently published Intellectual Property for the 21st Century: Interdisciplinary Approaches (Irwin Law, 2014). She is a member of the External Advisory Committee of the Office of the Privacy Commissioner of Canada, and of the Canadian Government Advisory Committee on Open Government. She has written widely in the areas of intellectual property law, law and technology, and privacy.

Teresa Scassa's profile page

Kelly Bronson's profile page

Jason Millar's profile page

Vardit Ravitsky's profile page

Daniel Weinstock holds the Canada Research Chair in Ethics and Political Philosophy in the Department of Philosophy of the University of Montreal. He is also the Founding Director of the Centre de recherche en éthique de l’Université de Montréal. He has written extensively on a wide range of issues in political philosophy, including democratic theory, multiculturalism and global justice. He was awarded the Pierre-Elliott-Trudeau Prize in 2004, and the André-Laurendeau Prize in 2006.

Daniel Weinstock's profile page

Terry Skolnik's profile page

Martha Jackman, Professor, Faculty of Law, French Common Law Program, University of Ottawa and Co-Director (Academic) of the SSHRC-CURA Research Project “Reconceiving Human Rights Practice,” online: www.socialrightscura.ca.

 

Martha Jackman's profile page

Delphine Nakache's profile page

Yves Le Bouthillier's profile page

Martine Lagacé's profile page

Linda Garcia's profile page

Leilani Farha's profile page

Kaitlin Schwan's profile page

Adelina Iftene's profile page

A daughter of a stateless immigrant to Canada, Jamie Chai Yun Liew is an immigration and refugee lawyer who has appeared at the Immigration and Refugee Board, Federal Court, Federal Court of Appeal, and the Supreme Court of Canada. She is also an assistant professor at the Faculty of Law, University of Ottawa, where she teaches, among other courses, Immigration and Refugee Law, Advanced Refugee Law, and Administrative Law. Professor Liew is the holder of degrees in political science and commerce from the University of Calgary, international affairs from Carleton University, and law from the University of Ottawa and Columbia University. She is a member of litigation committees for the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers, and her research focuses on the performative and consequential aspects of how Canadian law is affecting refugees and immigrants. Having clerked with Justice Douglas Campbell at the Federal Court of Canada, Professor Liew was also a member of the Sesay defence team at the Special Court in Sierra Leone and the Commission counsel team at the Cornwall Public Inquiry.

Jamie Chai Yun Liew's profile page

Y.Y. Brandon Chen's profile page

Anne Lévesque's poetry, short fiction, and creative nonfiction have been published in Canadian and international journals and anthologies. Lucy cloud is her first novel. She lives with her husband near Inverness, Cape Breton, Nova Scotia.

Anne Levesque's profile page

Kwame McKenzie's profile page

Jennifer A. Chandler's profile page

Mona Gupta's profile page

Yasmin Khaliq's profile page

Simon Hatcher's profile page

Olivia Lee's profile page

Tess Sheldon's profile page

Ravi Malhotra's profile page

Pat Armstrong is a Distinguished Research Professor of Sociology at York University and a Fellow of the Royal Society of Canada. She is the author of numerous books and articles in health and gender and has held a Canada Health Services Research Foundation/Canadian Institute of Health Research Chair in Health Services.

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Hugh Armstrong is a Distinguished Research Professor and professor emeritus of Social Work, Political Economy, and Sociology at Carleton University.

Hugh Armstrong's profile page

Ivy Lynn Bourgeault, PhD, is a Professor in the Telfer School of Management at the University of Ottawa.

Ivy Bourgeault's profile page

Katherine Lippel's profile page

Louise Bélanger-Hardy's profile page

Vanessa Gruben is an associate professor and a member of the Centre for Health Law, Policy and Ethics at the University of Ottawa, Faculty of Common Law, where she teaches health law and family law. Her research focuses on the legal and ethical aspects of assisted reproduction, including the constitutionality of Canada’s Assisted Human Reproduction Act, the legal relationship between egg donors and their physicians, the constitutionality of anonymous sperm and egg donation, access to reproductive technologies, and the existing gaps in provincial law for families created through third-party reproduction. Gruben’s work is funded by the Social Science and Humanities and Research Council, Canadian Blood Services, and the Foundation for Legal Research. She is a co-editor of the fifth edition of Canadian Health Law and Policy (LexisNexis Canada, 2017).

 

Vanessa Gruben's profile page

Sarah Berger Richardson's profile page

Anis Chowdhury's profile page

Jomo Kwame Sundaram's profile page

Sam Halabi's profile page

Chidi Oguamanam (LLM, PhD) is an Associate Professor in the Faculty of Law, University of Ottawa, (Common Law Section) and he is a faculty member of the Centre for Law, Technology and Society and the Environmental Law Group. Professor Oguamanam’s practice and research interests focus on various legal and policy issue-linkages to intellectual property law. He writes, teaches, and consults in the areas of law and technology (including biotechnologies), agricultural knowledge systems, biodiversity and food security; public health law and policy; indigenous peoples, indigenous knowledge; human rights and the global governance of knowledge in development contexts. His most recent book is Intellectual Property in Global Governance: A Development Question (Routledge, 2012).

 

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Steven J. Hoffman's profile page

Patrick Fafard's profile page

Céline Castets-Renard's profile page

Eleonore Fournier-Tombs' profile page

E. Richard Gold's profile page

Jeremy de Beer is a law Professor at the University of Ottawa, working on technological innovation, intellectual property, and international trade and development. Many of his refereed publications on intellectual property issues relating to innovation and creativity appear in top-ranked journals recognized across the disciplines of law, business, communications, and political science. He has authored numerous other papers, studies, and commissioned reports, and published four books, including Access to Knowledge in Africa: The Role of Copyright. Professor de Beer teaches multidisciplinary seminars on intellectual property policy, the digital music business, and sustainable international development, and an introduction to the fundamentals of property law. With academic qualifications including a graduate degree in law from the University of Oxford and undergraduate degrees in business and in law from the University of Saskatchewan, he is also a practicing lawyer and an experienced strategy consultant to technology companies, creator groups, law firms, think tanks, governments, and international organizations. After working at MacLeod Dixon LLP and clerking at the Federal Court of Appeal, he was legal counsel to the Copyright Board. He has appeared as counsel before the Federal Court of Appeal and, most recently, in landmark copyright cases before the Supreme Court of Canada.

 

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Professor Herder teaches primarily in the Faculty of Medicine, across the undergraduate and postgraduate curricula, on a variety of health law topics, including informed consent, patient-physician confidentiality, and regulation of the medical profession. Prior to joining the faculty at Dalhousie, he taught in the areas of bioethics and intellectual property law at Loyola University Chicago’s School of Law. Professor Herder’s research interests cluster around biomedical innovation policy, with particular focus on intellectual property law and practices connected to the commercialization of scientific research. As part of a three-year research project funded by the Canadian Institutes of Health Research, Professor Herder (Principal Investigator) and a team of interdisciplinary researchers are currently collecting empirical evidence about the interrelationships between commercialization laws, policies, and practices, and emerging health researchers. Recent works include an article calling for greater transparency in drug regulation published in the Canadian Medical Association Journal, a paper detailing physician-industry relationships in Open Medicine, and an empirical analysis of patenting by academic researchers in IDEA: The Intellectual Property Law Review.

 

Matthew Herder's profile page

Jason W. Nickerson's profile page

Excerpt: Vulnerable: The Law, Policy and Ethics of COVID-19 (edited by Colleen M. Flood, Vanessa MacDonnell, Sophie Thériault & Sridhar Venkatapuram; contributions by Jane Philpott, Katherine Fierlbeck, Lorian Hardcastle, Aimée Craft, Deborah McGregor, Jeffery Hewitt, Michelle Giroux, David Robitaille, Amir Attaran, Adam R. Houston, Bryan Thomas, Carissima Mathen, Alexandra Flynn, Mel Cappe, Grégoire Webber, Tim Caulfield, Jeffrey Simpson, Paul Daly, Marie-France Fortin, Jennifer A. Quaid, Kumanan Wilson, Teresa Scassa, Kelly Bronson, Jason Millar, Vardit Ravitsky, Daniel Weinstock, Terry Skolnik, Martha Jackman, Delphine Nakache, Yves Le Bouthillier, Martine Lagacé, Linda Garcia, Leilani Farha, Kaitlin Schwan, Adelina Iftene, Jamie Chai Yun Liew, Y.Y. Brandon Chen, Anne Levesque, Kwame McKenzie, Jennifer A. Chandler, Mona Gupta, Yasmin Khaliq, Simon Hatcher, Olivia Lee, Tess Sheldon, Ravi Malhotra, Pat Armstrong, Hugh Armstrong, Ivy Bourgeault, Katherine Lippel, Louise Bélanger-Hardy, Vanessa Gruben, Sarah Berger Richardson, Anis Chowdhury, Jomo Kwame Sundaram, Sam Halabi, Chidi Oguamanam, Steven J. Hoffman, Patrick Fafard, Céline Castets-Renard, Eleonore Fournier-Tombs, E. Richard Gold, Jeremy de Beer, Matthew Herder & Jason W. Nickerson)

"The pandemic is not a natural disaster or an “act of God.” The effects of COVID-19 are the result of choices: to tax and spend in ways that benefit some and disadvantage others; to intervene or not intervene in the economy when market forces prevent individuals from meeting basic needs; to regulate in particular ways; to view health as the product of a combination of luck and personal choices rather than the product of colliding social, economic, and political factors; and to adopt particular foreign policies toward international cooperation, including foreign aid."

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