Evidence of meeting #33 for Health in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was consent.
A recording is available from Parliament.
4:50 p.m.
Conservative
Patricia Davidson Conservative Sarnia—Lambton, ON
Somebody--it might have been you, Mr. Caulfield--said that perhaps we could come up with an appropriate informed consent process so that donors could give consent for a fresh embryo. Was it Mr. Buckett?
4:50 p.m.
Professor, Health Law Institute, University of Alberta
I don't think that was me.
4:50 p.m.
Conservative
Patricia Davidson Conservative Sarnia—Lambton, ON
Okay. Do any of you have any idea of what an appropriate informed consent process would be?
4:50 p.m.
Chair, Government Relations Committee, Canadian Fertility and Andrology Society
I'll answer.
This is not pertaining to stem cell research, but perhaps it pertains to other research in which one may look at, for example, freezing embryo techniques, which is embryo research to improve care. Our current practices are first to obtain the patient's consent to the principle of embryo research using fresh embryos. Then, if they have checked that little box and signed for that, they get approached by a researcher, who would then discuss the particular research project that had already received its ethical board approval. Then, if the couple are happy to sign the consent form for that specific project, they would do that.
4:50 p.m.
Professor, Department of Bioethics, Novel Tech Ethics, Dalhousie University
That's the reiterated consent described in the 2002 guidelines.
4:50 p.m.
Conservative
Patricia Davidson Conservative Sarnia—Lambton, ON
Okay.
You've talked a little bit about how these regulations are going to affect the Canadian public and the AHR practices, and you've talked about getting standard procedures in place. Are other things going to benefit from this?
4:50 p.m.
Professor, Health Law Institute, University of Alberta
Do you mean from the regulations?
4:50 p.m.
Professor, Health Law Institute, University of Alberta
As I said, the standardization and the ability to monitor is a benefit. As well, there is the ability to create a culture of consent. It may sound trite, but I think it's important. It is going to create an awareness that there are specific consent rules in place.
Because it's going to have that impact, I think it's very important to ensure--and again, this is important work that a body like this could do--that the rationales for that regime are clearly articulated. I think they need to be consistent to some degree with long-held research ethics and norms that apply to other areas of research.
December 12th, 2006 / 4:50 p.m.
Bloc
Nicole Demers Bloc Laval, QC
I missed your presentations. However, last week, I asked a question of an ethicist who was here regarding the concerns he had about the direction the committee was headed in, regarding everything that has been done up until now. He was not able to answer me. However, he told me that Mr. Caulfield would certainly be able to do so.
Therefore, I would like you to tell me if you have any concerns with the direction the committee has taken, about the way in which the consultations have taken place up until now and about the direction our work has taken.
My question is also directed to Mr. Lalonde.
4:50 p.m.
Professor, Health Law Institute, University of Alberta
Merci, and I apologize that I am unable to respond in French.
I get the sense that you're asking me whether the process that has surrounded this committee has been appropriate. I do think there has been an unfortunate delay in the undertakings of the agency and in the regulations. Whether one is for or against the regulatory process and the legislative regime that's been developed, I think it's worthwhile getting it up and running and getting the regulations established. That's one concern I have.
A second concern I have is somewhat minor, because I know this happens with many processes like this one. It's the degree to which the community at large has been aware of the consultation process and has participated in the consultation process. I know that is always a challenge, but given the controversial nature of this area, I think it's important to get as much consultation and input from as varied a group as possible. And I have a sense that perhaps that hasn't happened, particularly around the regulatory development, as well as it could have.
4:55 p.m.
Executive Vice-President, Society of Obstetricians and Gynaecologists of Canada
I have no concerns regarding the process. For five or six years, our society has participated in consultations, in one-day, two-day or week-long meetings. Things were published in the press. This issue was discussed in great detail. I think we have to start somewhere. The consensus we have in Canada is the best that we can possibly have. In fact, we will never have unanimous consent on this issue. So, let us begin the process, let's move on. We begin with what we have and we can build on it afterwards. Therefore, researchers and ethicists will come with other aspects and we will be able to make changes over the years, but we must first launch the process.
4:55 p.m.
Bloc
Nicole Demers Bloc Laval, QC
Thank you, Mr. Lalonde.
Mr. Chairman, I'm going to share my time with Ms. Gagnon.
4:55 p.m.
Bloc
Christiane Gagnon Bloc Québec, QC
We are currently working on the consent form. In fact, officials from Health Canada are taking care of that. Have you been asked to work on the drafting of the consent form? If not, would you have any direction to give them?
4:55 p.m.
Professor, Health Law Institute, University of Alberta
I can comment.
Are you referring to the creation of a general consent form template?
In March of next year, as part of my Stem Cell Network project, we are convening an international workshop to consider research ethics issues, including many of the issues we are talking about today. As part of that, we anticipate developing some specifics that would be appropriate for both the consent process and the consent form. Again, that's in March of next year.
4:55 p.m.
Executive Vice-President, Society of Obstetricians and Gynaecologists of Canada
When we have received the regulations dealing with the right to practice that type of medicine, documents will be tabled, but I have not seen a document entitled "consent form".
4:55 p.m.
Chair, Government Relations Committee, Canadian Fertility and Andrology Society
Again, my understanding was that this was going to come later on in the process, but I've been happy with the consultation process so far.
4:55 p.m.
Professor, Department of Bioethics, Novel Tech Ethics, Dalhousie University
Yes, I would say that so far I've been quite pleased with the consultation process. I think it has been open to hearing different perspectives and responding to them. And I'm also aware, in terms of the initiatives going forward.... I would be quite certain, for example, that the ethics committee at SOGC would be actively involved in looking specifically at what one would want to provide the members with, in terms of a general orientation, that would satisfy the legal standards expected of them.
4:55 p.m.
Conservative
Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB
Thank you, Mr. Chair.
Again, just focusing on section 8, and given that it is, as you say, a living document and can be revisited over time--and if I understand the committee, it's better to have the regulations there than not--would everyone on the panel agree with the statement that the regulations should be passed as presented with the knowledge that they can be revisited in the future?
4:55 p.m.
Professor, Department of Bioethics, Novel Tech Ethics, Dalhousie University
I would have to say that I would prefer to see a bit of tweaking, nothing major in terms of the orientation, but I wouldn't be able to say wholeheartedly “passed as worded”. I think my main comments have to do with the issue around withdrawal. It says only at the point at which the material has been designated for...and I would suggest that it be a later period in the process for the withdrawal.
I would also like some clarity around whether or not one can be asked to provide a consent for the use of fresh embryos.
4:55 p.m.
Conservative
Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB
Have you been consulted in the past on this issue?
