NCA Canadian Constitutional Law Practice Exam

Session length

1 / 400

The Re Assisted Human Reproduction Act 2010 case highlighted which issue regarding federal power?

Criminal law only applies at the provincial level

Health law is primarily a provincial jurisdiction

The correct understanding related to the Re Assisted Human Reproduction Act 2010 case focuses on the division of powers between federal and provincial governments in Canada, particularly concerning health law and the regulation of reproductive technologies.

In this case, the Supreme Court of Canada ruled that while the federal government does hold some powers in relation to reproductive technologies, health law, particularly as it pertains to the delivery of health services and regulation of healthcare professionals, is largely under provincial jurisdiction. This encompasses hospitals, healthcare providers, and patient care, which the provinces manage according to their own legislative frameworks.

The implications of this case support the notion that while the federal government can legislate in specific areas, such as establishing safety and efficacy standards for assisted reproductive technologies, the overarching authority related to health services, including reproductive health, remains a provincial responsibility. This distinction is crucial in understanding the federal-provincial power dynamics in matters of health law in Canada.

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Fed has definitive authority over human health regulations

All aspects of reproduction are federally controlled

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