The Constitution and the Regulation of New Reproductive Technologies
in Overview of Legal Issues in New Reproductive Technologies, Volume 3 of the Research Studies of the Royal Commission on New Reproductive Technologies (Ottawa: Supply and Services Canada, 1994) 1-84.
84 Pages Posted: 20 Sep 2013
Date Written: 1994
This paper discusses the implications of the Constitution Act, 1867 and the Canadian Charter of Rights and Freedoms for the regulation of new reproductive technologies (NRTs). Part 1 of the paper considers the impact of the constitutional division of powers on the regulation of NRTs, and suggests that NRTs are susceptive to extensive regulation by the federal government. Part 2 discusses the impact of the Charter on regulation of NRTs, particularly whether sections 7 and 15 protect the right to parenthood, equal access to NRTs, or the rights of non-parent stakeholders. Part 3 considers the possible impact of future constitutional arrangements on the regulation of NRTs.
Keywords: Canada, Canadian, law, legal, constitution, Charter of Rights, regulation, new reproductive technologies, assistive, federal, parenthood, section 7, section 15, Charter
Suggested Citation: Suggested Citation