Title: Stem Cell Research Policy in Canada
1Stem Cell Research Policy in Canada
The Assisted Human Reproduction Act
- Anita Fang
- Salem Abdel-Ghani
- Sara Atallah
- Winnie Chan
2Stem CellStem Cells
- Definition
- Stem cells have the ability to divide and
renew themselves and differentiate into other
kind(s) of cells or tissues. They have the
ability to replace died and defective cells or
tissues in patients with certain diseases or
defects such as diabetes, Alzheimer's, multiple
sclerosis, Parkinson's, and heart disease.
3Stem Cell Research in Canada
- No laws until March 2002, when CIHR announced
its guidelines for stem cell research. - Federal granting agencies adopted the guidelines.
- Federal Level
- No laws until March 2004.
- In March 27, 2004 the Canadian senate approved
Bill C-6 which regulates the sexual and
reproductive health of Canadian citizens.
4Ethical Issues in Stem Cell Research
- 1- Purpose of Embryo Creation
- While it is ethical to create embryos for
reproductive purposes, it is immoral to create
them solely for research purposes. - 2- Viability of Embryos
- The argue is whether an embryo is viable or not.
- It is morally preferable to use embryos that
will not grow beyond certain stage or those that
will be discarded.
5- 3-Embryo Destruction and Relief of Human pain
- The purpose of human activity is to save lives,
then it is unethical to destroy embryos, because
it relies on the destruction of defenseless human
being. Others believe that this kind of research
will relieve the pain, and even though embryos
are considered human, but they do not hold the
same moral relevance because they lack the
consciousness, reasoning and sentience. - 4- Consent of Donors
- Free and informed consent should be provided by
the person who donate the embryo.
6Regulations
-
- The Guidelines for Human Pluripotent Stem Cell
Research by CIHR
7-
- Guiding Principles
- The research should have potential health
benefits. - Donor should be provided with full information
regarding the research and free and informed
consent should be provided by the participants. - Privacy and confidentiality of the participants
should be respected. - No payment for participants regarding collecting
tissues or any other reproductive material. - Embryos should not be created for research
purposes only. - Human dignity, cultural and spiritual integrity
should be respected all through the research.
8Types of research that conformed with the
Guidelines
-
- Research that study human embryonic stem (ES)
derived from human embryos - Should be created for reproductive purposes.
- No commercial transaction is allowed in any way.
- Research that studies human stem cell from the
umbilical cord and placenta - Free and informed consent should be provided.
9-
- Research that study human embryonic germ cell
(EG) derived from human fetal tissue or amniotic
fluid - The pregnant women decision?
- Research that studies human stem cell from human
somatic tissues - Competent person
- Incompetent person
- Dead body
10- Research that studies anonymized human embryonic
stem cell - From Canada, (accordance with the guidelines).
- Outside Canada, (laws of the country).
- Research that would not conform with CIHR
Guidelines - Create a human embryo to derive stem cells.
- Research involving cloning.
11Commercial interest
- Any financial support to the stem cell research
team from commercial firms supporting their
research or other interested groups in the market
supporting their research must be disclosed to
the Stem Cell Oversight Committee. - Contracts and other documents between researches
and industry sponsors and all other budgetary
information must be reviewed by Stem Cell
Oversight Committee to evaluate and examine any
conflict of interest.
12Federal Level
- Acts prohibited under assisted human reproduction
act - To create a human embryo for any other purpose
than creating a human being. - To keep a human embryo outside a female body for
more than 14 days following fertilization. - Sex selection to increase the probability of sex
over the other. - To use non human sperm, ovum or embryo and
transfer it to a human being. - To use human reproductive material or embryos
that have been previously planted in non human
body. - Alteration of germ-line gene.
- To pay or offer any kind of reimbursement to get
reproductive material from a donor.
13Federal Act
- Creation of a hybrid embryo for the purpose of
reproduction or transfer it to a human being or
non human life. - To purchase, advertise or offer to purchase and
sell of sperms, ova, in vitro embryo and human
cells or gene. - Without a written consent from the donor, it is
not allowed to use any donated reproductive
material to create embryos. - To remove any reproductive materials from a dead
body to create embryos, unless the person gave
permission before death. - To obtain reproductive material from a person
under 18 years old except for the purpose of
preserving it for future use to create a human
being that will be raised by the donor.
14Influences responsible for determining this
policy outcome (Positive Analysis)
- The Assisted Human Reproduction Act (AHR Act)
came into effect after fifteen years of policy
development. - The AHR act is different to other Canadian
biotechnology policy areas. Why?? - There were several influences that have been
responsible for determining this policy outcome.
15Influences responsible for determining this
policy outcome
- One of the most important influences was the
feminist-informed activism which was calling for
protecting womens bodies and reproductive
tissues from commercialization. - This dominant discourse influenced the policy
development most distinctly during the years. - The Royal Commission on New Reproductive
Technologies (RCNRT) was established in October
1989.
16Influences responsible for determining this
policy outcome
- the influence of proximal nations, the United
States and the United Kingdom. - the majority of research in the US is funded by
private companies. - Canadian policymakers wanted to ensure that
research in Canada must be monitored and licensed.
17Influences responsible for determining this
policy outcome
- The UK is a source of inspiration to Canada in
stem cell research policy. - In AHR policy, Canada has chosen to imitate the
UK Human Fertilization and Embryology Authority
(HFEA). because the UK was felt as a model of an
early regulator in this field.
18Influences responsible for determining this
policy outcome
- Jurisdictional considerations between federal and
provincial governments.. - The negotiations between federal and provincial
jurisdictions are one of the reasons why Canada
could not be an early regulator in this field as
the UK. - The resistance of physicians to comply with the
voluntary moratorium in the mid 1990s was a major
factor in shaping the criminalization thread of
the AHR Act.
19Normative AnalysisWhat the public wants?
- The development of policy for stem cell research
is a good example of the challenges associated
with regulating an area where there is a lot of
different opinions and a lack of social
consensus. - Social consensus is one of the primary explicit
justifications for Canadas criminal prohibition
in the AHR Act of a variety of reproductive and
therapeutic cloning techniques. Health Canada
documentation states that there is a broad
consensus.
20Research data
- All the research available demonstrates that
there is no social consensus. - A Canadian Ipsos-Reid (2001) poll found that of
those surveyed, 21 opposed any law that
restricts research into human cloning 39
supported a ban on human cloning while allowing
research on cloned embryos and only 33
supported a complete ban on all human cloning. - A 2002 poll found that six in ten Canadians
approved of the creation of cloned human embryos
for collecting stem cells (Ipsos Reid 2002).
21- The data from surveys and public consultations
shows that the public strongly oppose
reproductive cloning, but there is almost a lack
of social consensus on other techniques, such as
creating embryos for research purposes and
therapeutic cloning.
22Normative AnalysisThe role of the government
- Policymakers should not use social consensus as a
justification for regulatory action, especially
if there is a strong evidence of lack of
consensus in Canada. - It must be explained how the choice of regulatory
instrument relates to public views. - The social consensus should not stand as a
policymaking roadblock and criminal law should be
as instrument of last resort. - Existing models balanced approach
UK
23Winners
- Canadian Society in general
- - support Canadian value ( life
) - - health and safety
- - can't create human embryos just for research
purpose - US researcher and companies
- - the stability in Canadian policy
24- Clinical and Lab research
- Pros
- - patients (winners)- treating a wide range of
medical problem - - Controlled research
- - obtain license
- - no reproductive and therapeutic cloning
- - no half human/animal...etc
- Cons
- - brain drain in Canada
25- Fertility Industry
- Pros- over the decades, various treatments have
been developed through stem cell research - - AHR Act banning all potential commercial
business around buying/selling embryos and
surrogacy - Canadian ad offers a price list
- 15,000 18,000 for carrying baby to term
- 2,50010,000 for egg donation (grade A FDA
approved) - (from national post, 2009/02/13)
26- Infertile patients (15)
- - potential winner under AHR Act but not as
beneficial as it seems - - have option but not much choices
- - reproductive tourism
- Donors
- - loser- no incentive, no protection
- - Health Canada- in process of establishing a
registry
27Losers
- Stem cell business
- - conflict of interest
- financial interest over public concerns/trust
- - not enough investment to sustain
- Genetic engineering
28Regulatory Reforms
29Constitutional Challenge
- In June 2008, the Quebec Court of Appeal
- overlap with the provincial jurisdictions of
health care - Supreme Court of Canada
- If the challenges raised by Quebec are deemed a
success, then human assisted reproduction will
solely be under the private medical decisions of
individuals in consultations with clinicians.
30Constitutional Challenge
- The Evangelical Fellowship of Canada (EFC) and
the Canadian Conference of Catholic Bishops
(CCCB) are acting jointly as interveners. - The research development and use of new
reproductive technologies involve national
concerns that cut across social, ethical, legal,
medical, economic and other considerations and
institutions.
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32Concerns
- Reproductive tourism
- 80 of babies conceived in Canada through donor
sperm have American DNA - Commercialization
- Britian is in a similar situation
33Stem Cell - USA
- January 2009 loosen guidelines in clinical
trials involving stem-cells and allow Geron
Corporation in California to inject embryonic
stem cells into eight to ten patients suffering
from spinal-cord injuries, in the hopes
developing new nerve tissue. - March 2009 Obama lifting
- restrictions on federal funding
- for stem cell research by Bush
34International
- German most restricted ban all activities
- Britian The Human Fertilization and
Embryological Authority (HFEA) - Australia and Canada in between
- US no clear restrictions
35Stem Cell Tourism
- China, Mexico, Britain and Israel
- cost up to tens of thousands of dollars
- prematurely and without evidence to prove safety
and effectiveness.
36Conclusion
- California Octomom
- Moral Values Religious Views
37The Future
- end of controversies
- to ease human suffering of future generations
- missed opportunities to advances
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