New CNTRP publication shows a disconnect between law and policy in the case of family veto & org
A new CNTRP publication, authored by Maeghan Toews and Timothy Caulfield at the University of Alberta, shows a disconnect between organ donation legislation and policy in Canada when it comes to respecting a family’s objection to organ donation over the deceased’s expressed wishes. Canadian law tells us that individual consent for donation provides the full legal authority necessary to proceed with organ procurement, however many provincial/ territorial agencies and organ donation organizations indicate that families’ wishes take priority over an individual’s legally valid consent. This disconnect between law and policy puts health care providers in a confusing and problematic situation where following established practice and policy runs counter to the law. Read the full article published recently in the Canadian Medical Association Journal (CMAJ).
The CNTRP leads several studies looking into issues of consent for donation, including the issue of "family veto". These studies are part of the CNTRP Project on Increasing solid organ and hematopoietic cell donation (Project 2) which is approaching this issue from the legal, social, ethical, practice and policy perspective, in partnership with Canadian Blood Services. You can learn more about issues of Consent to donate in one of our recent Fast Facts on the topic.