A Solution to the Problem of Assisted Reproductive Technology In Canada

The emergence of new assisted reproductive technologies (ARTs) has left governments worldwide facing the challenge of regulation. New research published today by The School of Public Policy sheds light on the difficulties Canada has had in formalizing assisted reproduction policies and argues thatAustralia should serve as a blueprint to follow moving forward.

The authors describe the 2010 decision by the Supreme Court of Canada to strike down the comprehensive, national Assisted Human Reproduction Act as leaving “no Canadian legislation in controversial areas such as in vitro fertilization, licensing of assisted human reproduction clinics, and research involving human and nonhuman reproductive material.”

This decision affirmed the decentralization of ART regulation, placing the onus on provincial policymakers. Sceptics immediately began expressing concerns over interprovincial discrepancies.

“The critics of this new reality who fear an unregulated nightmare and bemoan the prospect of jurisdiction shopping should look down under for reassurance,” the authors write.

Drawing on the Australian experience with managing ARTs in a federal state, the authors offer advice to Canadian policymakers for ensuring consistency and efficiency in regulation.

“First, provinces can take leadership roles that influence other provinces and promote the emergence of best practices,” they contend. “Second, intergovernmental institutions can effectively facilitate harmonization, with or without federal involvement. Finally, national guidelines, even those without legal force, can help set standards and practices, particularly if provincial and medical stakeholders are involved in the creation of those guidelines.”

The study can be found online here.