Considering Tort Liability for Breaches to Privacy of Patient Data-- Managing Risks of Applicability of Privacy Torts, and Especially the Tort of "Intrusion on Seclusion" in the Health Context

The mobile revolution is a watershed event across many fields, including health care. Now, electronic data storage, digital photography, smart phones and tablet devices present new opportunities for educators, researchers, and health care providers. Mobile technologies allow for new possibilities for physician collaboration as well as patient diagnosis, treatment and study. However, while it presents new opportunities, the mobile technological revolution in health care has brought about new risks to patient privacy. These risks to patients, in turn, translate into exposure to liability on the part of health care providers including physicians, allied health care professionals and institutions. This paper reviews recent developments in the legal landscape providing new forms of civil liability for breaches of privacy and discusses how risks of liability under those developing civil causes of action can be managed by health care providers, while they at the same time harness the potential of the mobile technological tide

Looking for Ashley: Re-Reading What the Smith Case Reveals about the Governance of Girls, Mothers and Families in Canada

The 2007 death by self-induced strangulation in prison of nineteen year old inmate Ashley Smith drew a great deal of public attention. The case gave rise to a shocking verdict of homicide in the 2013 inquest into the cause of her death. In this book, I inquire into questions about of what social problem or phenomenon Ashley Smith is a “case,” and what governmental work is done by prevalent constructions of her as an exemplar. This book performs a critical discourse analysis of figures of Ashley Smith that emerge in her case, looking at those representations as technologies of governance. It argues that the Smith case is read most accurately not as an isolated system failure but an extreme result of routine, everyday brutality, of a society and bureaucracies’ gradual necropolitical successes. It critically analyzes how representations of Ashley in the case leave intact, and even reinforce, logics and systems governing gender, motherhood, security, risk, race thinking and exclusion, in power and knowledge that make it predictable for similar deaths in prison to recur. It argues that, in the logics underlying constructions through which Ashley Smith was celebritized and sacralized, mothers’, girls’ and women’s subjectivities and agencies are made unknowable and even unthinkable while the racialized social boundaries of a white settler society are maintained. This book attempts to intervene in those logics to help make alternative outcomes possible and to take steps towards questioning the raced, classed and heteronormative boundaries of commonly assumed figures of the “noble victim”, “good girl” and “good mother” while supporting the agencies of adolescent girls in actively playing a part in the authoring of their lives

International Law Criminalizing Motherhood: Examining the Hague Convention on International Child Abduction

As the fastest growing prison population worldwide, more and more women are living in cages and most of them are mothers. This alarming trend has huge ramifications for women, children and communities across the globe. Empathy for mothers behind bars and concern for criminalized mothers in the community is in short supply. Mothers are criminalized for their vulnerabilities and for making unpopular but difficult choices under material and ideological conditions not of their own choosing. Criminalized Mothers, Criminalizing Mothering shines a spotlight on mothers who are, by law or social regulation, criminalized and examines their troubles and triumphs. This book offers a critical and compassionate lens on social (in)justice, mass incarceration, and collective miseries women experience (i.e., economic inequality, gendered violence, devalued care work, lone-parenting etc.). This book is also about mothers’ encounters with systems of control, confinement, and criminalization, but also their experiences of care

Youth and the Law: New Approaches to Criminal Justice and Child Protection

Emond Publishing is pleased to announce that the third edition of one of our bestselling texts Youth and the Law: New Approaches to Criminal Justice and Child Protection is now available. The author team's knowledge and experience as academic writers and university and college instructors brings clarity and depth to this important and often controversial subject. The third edition has been significantly updated to reflect current theories and models of youth justice, as well as new discussions on common offences, risk factors, and societal responses to youth in conflict with the law. The authors present the complete process of dealing with youth and crime, from police procedures to the trial and sentencing to rehabilitation. Youth and the Law also examines statistics, reports from the field, and studies of programs introduced under the Youth Criminal Justice Act to present a clear understanding of law enforcement as it relates to Canadian youth. The text also includes real-life case studies to keep students engaged, as well as chapter summaries, key terms and definitions, and review questions that serve as a useful study guide for students

Canadian Association of Radiologists White Paper on Ethical and Legal Issues Related to Artificial Intelligence in Radiology

Artificial intelligence (AI) software that analyzes medical images is becoming increasingly prevalent. Unlike earlier generations of AI software, which relied on expert knowledge to identify imaging features, machine learning approaches automatically learn to recognize these features. However, the promise of accurate personalized medicine can only be fulfilled with access to large quantities of medical data from patients. This data could be used for purposes such as predicting disease, diagnosis, treatment optimization, and prognostication. Radiology is positioned to lead development and implementation of AI algorithms and to manage the associated ethical and legal challenges. This white paper from the Canadian Association of Radiologists provides a framework for study of the legal and ethical issues related to AI in medical imaging, related to patient data (privacy, confidentiality, ownership, and sharing); algorithms (levels of autonomy, liability, and jurisprudence); practice (best practices and current legal framework); and finally