Statutory prohibitions and the regulation of new reproductive technologies under federal law in Canada.

TL;DRAbstract

This paper reviews recommendations made by the Royal Commission on New Reproductive Technologies concerning statutory prohibitions and offences relating to reproduction and reproductive technologies. The recommendations are criticized on three grounds. First, the Report offers no analysis of the legislative authority that would enable Parliament to enact its recommendations. Second, it offers no consideration of principles of criminal jurisprudence that would justify the prohibitions proposed. Third, the Report fails to advance arguments or rationales that would justify each of the specific recommendations concerning statutory prohibitions. In short, the Report fails to make a case for implementation of the Comnission's recommendations with respect to statutory prohibitions because the legal aspects of those proposals are ill-developed or misconceived. A further conclusion is that the only effective legislative response to issues raised by reproductive technologies is concerted action,

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