Open AccessClones, Controversy, and Criminal Law: A Comment on the Proposal for Legislation Governing Assisted Human Reproduction
Author(s) -
Timothy Caulfield
Publication year - 2001
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1409
Subject(s) - legislation , reproduction , criminal law , law , government (linguistics) , mechanism (biology) , political science , government regulation , reproductive technology , human reproduction , law and economics , sociology , biology , genetics , epistemology , embryo , linguistics , philosophy , china , embryogenesis
In the past few years there has been a tremendous amount of regulatory conflict and social controversy in the area of reproductive genetics. The Canadian government has recently released a proposal for legislating in this complex arena. Although the proposed Bill contains many positive elements, it is argued that the use of the criminal law as a regulatory mechanism is neither warranted nor appropriate. The author suggests a more flexible and responsive system of moratoriums and licences that would enable review and adjustment to the realities of emerging reproductive technologies is a better approach.