Document Type

Thesis

Degree Name

Master of Theology (MTh)

Department

Theology

Faculty/School

Martin Luther University College

First Advisor

Not Applicable

Advisor Role

Not Applicable

Abstract

The thesis of this paper contends that the judgement rendered in the case re Eve v. “E.” by the Supreme Court of Canada on October 23, 1986, from an ethical perspective demonstrates limitations in the legal judgement. Moreover, the thesis maintains that the legal arguments presented in the judgement are narrowly developed. If this paper should demonstrate the above mentioned, then, it of necessity questions the adequacy of the present case law. It is the hope of this paper that the evaluation of the “Eve” case from an ethical viewpoint will evoke further discussion from both the legal and medical communities. Furthermore, the decision rendered on the “Eve” case by the Supreme Court of Canada has serious negative implications for non-therapeutic research with incompetent subjects including children. This decision severely limits the possibility, potential and progress of any non-therapeutic research on subjects unable to give consent in Canada.

Convocation Year

1990

Convocation Season

Fall

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