Law commission

Organ Donation Opt-Out Rules Developed by Law Commission – Winnipeg Free Press

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This article was published 02/03/2022 (192 days ago), the information it contains may therefore no longer be up to date.

IF Manitoba decides to allow presumed consent for organ donations, the government has been given a roadmap to follow.

The Manitoba Law Reform Commission released a 185-page report that explores how Manitoba could establish an opt-out system, like Nova Scotia’s, instead of requiring people to give consent to have their organs and tissues donated posthumously.

The practical framework is hypothetical – the commission’s work has not been prompted by the government, and the province has not signaled that it will make legislative changes to its human tissue donation law that would assume that all Manitobans consent to organ donation unless otherwise specified. The commission takes no position on whether Manitoba should adopt a system of presumed consent.

But if so, the commission sets out 19 guidelines it says should be included in legislation. He recommends that Manitoba establish a registry and make it easy for people to update their consent or opt-out in the registry when they apply for a health card or driver’s license, or when they visit a Society office. Manitoba Public Insurance. The guidelines provide examples of situations where presumed consent is inappropriate. This should not be assumed for people under the age of 18, for people who have lived in Manitoba for less than a year, or for people who lack the capacity to make their own decisions before their death.

The report should be taken as an “informed opinion” on the best approach for Manitoba if presumed consent is adopted, said Stefanie Goldberg, legal counsel for the Manitoba Law Reform Commission.

“We did the background research to look at and inform the government or interested parties of what is happening in Canada right now,” Goldberg said. “We have everything in place so that people can see how other provinces are addressing the issue currently,” she added.

“We’ve been thinking about what we think will or won’t work.”

One person recommended the commission study the issue after Nova Scotia changed its legislation last year, and similar changes have been proposed in Quebec, New Brunswick and Prince Island -Edward.

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