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Health Law Faculty
Roxanne Mykitiuk is a full-time Professor at Osgoode Hall Law School, where she engages in research and teaching in the areas of Disability Law, Health Law, Bioethics and Family Law. She is the founder and Director of the Disability Law Intensive clinical program and the Director of Osgoode’s part-time LLM program specializing in Health Law. Professor Mykitiuk is also the Faculty Co-Chair of Enable York and is a member of the core faculty in the graduate program in Critical Disability Studies at York University. Professor Mykitiuk was the Chair of York University’s Senate from 2013-2015.
Duff Waring(BA, MA, LLB, PhD) is a philosopher/lawyer who specialized in mental health law and psychiatric patient advocacy. He began doctoral studies in philosophy at York University in 1996 with a focus on ethics, political theory and bioethics. He held a post-doctoral fellowship during 2001-2002 with the Biomedical Ethics Unit in the Faculty of Medicine at McGill University. He was a Research Associate from 2002-2004 with the Health Law and Policy Group in the Faculty of Law at the University of Toronto. He is a member of the Law Society of Ontario and a full professor in the department of philosophy at York University.
Research Areas: Ethics, bioethics (patient selection for scarce lifesaving resources, research ethics, risk assessment of new biomedical technologies), and philosophy of medicine (particularly psychiatry).
Recent Publications: Dr. Duff R. Waring
Scholarly books authored:
Waring, Duff, The Healing Virtues: Character Ethics in Psychotherapy. Oxford and New York: Oxford University Press, 2016.
Waring, Duff. Medical Benefit and the Human Lottery: An Egalitarian Approach to Patient Selection. Dordrecht, The Netherlands and New York: Springer, 2004. 222 pages.
Scholarly books edited:
Lemmens, Trudo and Waring, Duff (eds.). Law and Ethics in Biomedical Research: Regulation, Conflict of Interest and Liability. Toronto: University of Toronto Press, 2006. 267 pages.
Chapters in books:
- Waring, Duff R. “Patient Responsibilities in a Psychiatric Healing Project,” in The Oxford Handbook of Psychiatric Ethics, Vol. 2, eds. John Z. Sadler, Werdie (C.W.) Van Staden, and W.K.M. Fulford. Oxford: Oxford University Press, 2015. 1402-1418.
- Waring, Duff. “Clinical Equipoise and the Assessment of Acceptable Therapeutic Risk.” The Ethical Aspects of Technological Risk. Eds. Sabine Roeser and Lotte Asveld. London: Earthscan Publications Ltd., 2008. 105-138.
- Waring, Duff. and Glass, Kathleen Cranley. “Legal Liability for Harm to Research Participants: The Case of Placebo-Controlled Trials.” Law and Ethics in Biomedical Research: Regulation, Conflict of Interest and Liability. Eds. Trudo Lemmens and Duff Waring. Toronto: University of Toronto Press, 2006. 206-227.
- Waring, Duff. and Lemmens, Trudo. “Integrating Values in Risk Analysis of Biomedical Research: The Case for Regulatory and Law Reform.” Law and Risk. Ed. The Law Commission of Canada. Vancouver and Toronto: UBC Press, 2005. At 156-200. 156-200.
- French Translation:
“Intégration des valeurs dans l’évaluation du risque lié à la recherche biomédicale: arguments en faveur d’une réforme de la réglementation et du droit.” Le Droit et le Risque. Sous la Direction de la Commission du Droit du Canada. Saint-Nicolas, Quebec: Les Presses De L’Universite Laval, 2006. 233-303.
Selected Papers in Refereed Journals:
- Waring, Duff. “Wishing You Won’t Be Here: Medical Assistance in Dying for Psychiatric Patients.” Ethics, Medicine, and Public Health 8 (Jan. 2019): 1-10. Available at: https://doi.org/10.1016/j.jemep.2018.08.004.
Waring, Duff. “The Virtuous Patient.” Philosophy, Psychiatry, & Psychology 19, no 1 (2012): 25-36. Main Article with Commentaries and an Author’s Response: Duff R. Waring, “Psychotherapy Through the Prism of Moral Language.” Philosophy, Psychiatry, & Psychology 19, no 1 (2012): 45-48.
- Waring, Duff. “The Antidepressant Debate and the Balanced Placebo Trial Design: An Ethical Analysis.” The International Journal of Law and Psychiatry 31, no. 6 (2008): 453-462.
- Waring, Duff. “The Antidepressant Debate and Ethically Defensible Placebo-Controlled Trials.” IRB: Ethics and Human Research 30, no. 6 (2008): 12-16.
Waring, Duff and Glass, Kathleen Cranley. “The Physician/Investigator’s Obligation to Patients Participating in Research: The Case of Placebo Controlled Trials.” The Journal of Law, Medicine and Ethics 33, no. 3 (2005): 575-585.
Professor Gerald Robertson, Q.C., is the Katz Group Chair in Health Law. He was educated at the University of Edinburgh (LL.B.) and McGill University (LL.M.), and was appointed to the Faculty of Law in 1983. He teaches health law, tort law, and conflict of laws.
Professor Robertson is the author of many publications including Mental Disability and the Law in Canada, now in its second edition, and co-author (with Madam Justice Ellen Picard) of Legal Liability of Doctors and Hospitals in Canada, now in its 4th edition. Professor Robertson has published extensively in legal and medical journals in Canada, the United States and the United Kingdom, and has also authored several law reform reports published by the Alberta Law Reform Institute.
Professor Robertson is a past recipient of the Honourable Tevie H. Miller Teaching Excellence Award, and the Law Society of Alberta/Canadian Bar Association Distinguished Service Award for Legal Scholarship.
Adjunct Professor at the Faculty of Graduate Studies (Health) at York University in Toronto.
Mary Jane Dykeman is a founding partner at Dykeman & O’Brien LLP (DDO Health Law), a health law boutique firm in Toronto. She advises health sector clients on a wide range of matters including mental health, consent, capacity and substitute decision-making, risk management, privacy and health information, health research and corporate/commercial matters.
Mary Jane is a frequent speaker and writer on health law issues. With Michele Warner of the Centre for Addiction and Mental Health (CAMH), she teaches mental health law in the Health Law LLM at Osgoode Professional Development (OPD), and is the Founding Program Director for OPD’s certificate program in mental health law (now led by CAMH’s Kristin Taylor, Kendra Naidoo and Michele Warner); she remains on its advisory board. She previously taught mental health at Queen’s University Faculty of Law. Mary Jane has been recognized by OPD for excellence in continuing legal education. She is the Deputy Chair, Lawyer and Privacy Member, of the research ethics board at Canadian Blood Services in Ottawa, and Vice-Chair of the Alzheimer Society of Toronto Board. In 2017, she was awarded the Susan Hilary Davidson Memorial Award for Excellence in Health Law by the Ontario Bar Association.
Matthew Herder is the Director of the Health Law Institute as well as an Associate Professor cross-appointed to the Faculties of Medicine and Law at Dalhousie University in Halifax, Nova Scotia. Matthew’s research interests cluster around biomedical innovation policy, with a particular focus on intellectual property law and practices connected to the commercialization of scientific research. For a full bio click here.
Maureen Murphy is a partner in Gowlings’ Ottawa office. She practices in the areas of medical law and privacy law. She has experience representing clients before the Federal Court, Superior Court of Justice, as well as various administrative tribunals. Maureen has a particular interest in information technology and privacy law issues that affect medical professionals. Maureen provides businesses with advice on how to comply with Canada’s privacy laws. She assists clients in developing privacy policies and responding to access requests. Maureen also has experience advising clients on how best to respond to a privacy breach within their organization. Maureen serves on the Ontario Bar Association Health Law Section Executive. In 2007, Maureen was a co-instructor for the Osgoode Hall Law School LLM course on Information Technology and Privacy in Health Law. She regularly speaks on medical-legal issues arising from the use of information technology in the practice of medicine.
Michele M. Warner is Litigation Legal Counsel at the Centre for Addiction and Mental Health (CAMH). In that role, she provides legal advice to the leadership, physicians and staff of CAMH with respect to forensic mental health law. She also appears before the Ontario Review Board and manages resulting appeals to the Court of Appeal.
Warner is a graduate of the University of Toronto Faculty of Law, and was admitted to the Ontario Bar in 2005. She also has an Honours Bachelor of Social Work from the University of Western Ontario, and a Masters of Social Work from Wilfrid Laurier University.
Prior to joining CAMH in 2013, Warner was a Senior Associate in the Health Law Group at Borden Ladner Gervais LLP. She practiced exclusively in the health law field, gaining familiarity with public hospitals and developing a specialization in forensic and civil mental health law. Beyond her work before the Ontario Review Board, she also has extensive experience appearing before the Consent and Capacity Board, Coroner’s Inquests, the Human Rights Tribunal of Ontario, and all levels of Ontario courts. She is also a dedicated educator.
Tracey Bailey has over 20 years of experience in the area of health law, policy and ethics. After six years of practice in the Health Law field, Tracey moved into an academic role at the University of Alberta where she served as the Executive Director of the law school’s Health Law Institute. Tracey is currently General Counsel, Health Law for the Government of Alberta.
Ubaka Ogbogu is an Assistant Professor cross-appointed to the Faculties of Law and Pharmacy & Pharmaceutical Sciences at the University of Alberta in Edmonton, Alberta. Ubaka’s research interests are in health law, public health law, science and health policy studies, law, bioethics and biomedicine, the legal history of public health and health care in Canada and the law of torts (with a special focus on medical malpractice and health care torts). For a full bio click here.
Vanessa Gruben is an Associate Professor in the Common Law section of the University of Ottawa, Faculty of Law where she teaches property law, family law and a seminar on access to health care. Vanessa’s research focuses on the legal regulation of various aspects of assisted human reproduction including contractual disputes over frozen embryos, privacy and access to information, gamete donor anonymity, the regulation and funding of assisted reproductive technologies, and the constitutionality of the Assisted Human Reproduction Act. Her research also includes health law more generally as well as the protection of language rights in Canada. For a full bio click here.