An absolute right to a jury is only available to plaintiffs in a civil action in Saskatchewan.
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The accused in a criminal action often has a right to elect trial by jury. the Controlled Drugs and Substances Act 2 ) as well as in several provincial and territorial statutes.Ĭivil and criminal actions are heard by much the same courts, although the jurisdiction of some courts is split into civil and criminal divisions. 1 There are also quasi-criminal offences set out in other federal statutes (e.g. Criminal actions involve the prosecution of an individual charged with committing an offence as defined by statute, usually the federal Criminal Code. A civil action involves the resolution of disputes between two or more parties by resorting to the litigation process. There are also two types of legal actions: civil and criminal. In Québec, a codified system of civil law is used, though for the most part the underlying principles of medico-legal jurisprudence are similar to those in common law provinces and territories. Generally speaking, activities are governed by two sources of law: the law created by statute, either federally, provincially, or territorially and the common law developed by judgments rendered in legal actions that have proceeded through the courts.
Table of contents Legal proceedings The Canadian legal system Medico-legal terminologyĭefinitions of common medico-legal terms used in this handbook are available in the CMPA’s Glossary of terms. The CMPA works with an independent general counsel and with selected legal firms in each province (provincial counsel) to ensure that members have the support necessary to achieve the best possible outcome.
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When members face a medico-legal action, they are eligible for assistance in the form of legal representation, and payment of legal costs, judgments, or settlements to compensate patients where it is determined those patients have been harmed by negligent care (in Québec, professional fault). privacy legislation breaches and privacy complaints.some general contract or research contract matters.coroners’ inquests or other fatality inquiries.regulatory authority (College) complaints, investigations, and disciplinary hearings.Physician advisors are available to provide advice and, when warranted, arrange further legal assistance for matters arising from a member’s professional work, including the following: They receive the benefit of advice from people who understand their situation-experienced physician advisors who are doctors with clinical practice backgrounds in various specialties and settings. Members can contact the CMPA for advice on a broad range of medico-legal issues arising from their professional work in Canada. This diversity is reflected in the fact that each year the CMPA receives thousands of inquiries from its members about practice-related issues, including the application and interpretation of provincial or territorial statutes that impinge on the practice of medicine in ever-increasing numbers. The interaction between law and medicine permeates almost all aspects of a physician’s practice and, of course, goes far beyond events or mishaps that might give rise to litigation. Some similarities exist nevertheless in the application of these two legal traditions in Canada. Civil law in Québec has its own legal principles. It is important to highlight that some of the legal principles addressed in this document arise out of the common law system, which applies to all provinces and territories in Canada except Québec. The information in the handbook will assist in reducing the level of stress for physicians who are involved in legal proceedings and better equip all physicians to recognize and avoid medico-legal difficulties. While some physicians may be quite familiar with these legal concepts, the handbook is written mainly for physicians who are new to these ideas. It also offers physicians a greater understanding of the standards and requirements imposed on them by law. This handbook provides insight into basic legal concepts and underlying principles that govern physicians in their practices. References Introduction Medicine and the law Disclosure and reporting of harm from healthcare delivery.Mental health legislation - Involuntary admission.
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