Legal foundations for a national public health agency in Canada.
This commentary addresses some of the key legal challenges associated with establishing a national public health agency in Canada. These include issues related to privacy and confidentiality of personal health information in the public health context, constraints on the jurisdiction and powers of a national agency, the need to respect individual rights and freedoms in an outbreak situation, and international cooperation in infectious disease control. The authors are part of a research initiative, comprised of experts in law, public health policy and medicine, that is currently analyzing legal considerations that may influence the mandate of a national public health agency in regard to infectious disease activities. This article discusses critical issues raised at a meeting in August 2004 that brought the research team together with key federal and provincial policy-makers and members of the public health community. The commentary emphasizes that law sets the foundation for public health activities, and the promise of a national public health agency will only be realized if significant legal issues are examined early on to ensure the agency is built on a robust legal and policy framework.
Ries
Nola M
NM
Health Law Institute, Law Centre, University of Alberta, Edmonton. nries@law.ualberta.ca
Caulfield
Timothy
T
D002170:Canada; D003140:Communicable Disease Control / Q000458:organization & administration*; D003219:Confidentiality; D035082:Federal Government; D006077:Government Agencies / Q000331:legislation & jurisprudence / Q000458:organization & administration*; D007391:International Cooperation; D011209:Power, Psychological; D011635:Public Health Administration / Q000331:legislation & jurisprudence*; D040442:Public Health Informatics / Q000331:legislation & jurisprudence