INTRODUCTION AND BRIEF DESCRIPTION
This section defines who the Minister of Health refers to in various provinces and territories for specific subsections of the Criminal Code.
SECTION WORDING
287(6) For the purposes of subsections (4) and (5) and this subsection, "Minister of Health" means (a) in the Provinces of Ontario, Quebec, New Brunswick, Prince Edward Island, Manitoba and Newfoundland, the Minister of Health, (b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and (c) in the Province of British Columbia, the Minister of Health Services and Hospital Insurance, (d) in the Province of Alberta, the Minister of Hospitals and Medical Care, (e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health.
EXPLANATION
Section 287(6) of the Criminal Code of Canada defines the term "Minister of Health" for the purposes of subsections (4) and (5) and this subsection. This provision is particularly significant in criminal cases that involve activities or substances related to health, such as drugs, medical procedures, or health care providers. The definition of the term "Minister of Health" varies depending on the province or territory in which the offense occurs. In some provinces, such as Ontario, Quebec, New Brunswick, Prince Edward Island, Manitoba, and Newfoundland, the Minister of Health is responsible for enforcing the criminal laws related to health. In other provinces, such as Nova Scotia and Saskatchewan, the Minister of Public Health is responsible for these laws, while in British Columbia, the Minister of Health Services and Hospital Insurance is responsible. In Alberta, the Minister of Hospitals and Medical Care is responsible, and in Yukon, the Northwest Territories, and Nunavut, the Minister of Health is responsible. The purpose of this provision is to ensure that there is clarity and consistency in how criminal offenses related to health are enforced across Canada. By identifying the specific individuals who are responsible for enforcing these laws in each province and territory, this provision helps to prevent confusion and misunderstandings that could lead to inconsistencies in the application of these laws. Overall, section 287(6) is an important component of the Criminal Code of Canada that ensures that laws related to health are enforced consistently and fairly throughout the country.
COMMENTARY
Section 287 of the Criminal Code of Canada pertains to the disposal of human remains and fetal tissue. Specifically, subsections (4) and (5) outline the requirements for obtaining consent for the disposal of fetal tissue, and subsection (6) defines the term Minister of Health" as it applies to this section. The definition of the term Minister of Health" in subsection 287(6) is important because it clarifies which government official should be contacted to obtain authorization for the disposal of fetal tissue and human remains. The subsection highlights that the relevant official may vary depending on the province or territory in which the disposal occurs. This recognition of provincial and territorial jurisdiction is a notable feature of the Canadian legal system, and is reflective of the country's federal structure. In Canada, certain areas of law fall under federal jurisdiction, while others are within the jurisdiction of the provinces and territories. Health care is one area where there is a mix of federal and provincial jurisdiction, as the federal government is responsible for certain aspects of health care, while the provinces and territories oversee others. By defining the term Minister of Health" according to the jurisdiction in which the disposal of fetal tissue or human remains takes place, subsection 287(6) acknowledges this complex jurisdictional reality. Without this clarification, it may have been unclear which government official should be contacted to obtain authorization, leading to confusion and potential delays in the disposal process. Moreover, the fact that there are different officials responsible for health care in different parts of the country emphasizes the need for flexibility and adaptability in the Canadian legal system. This recognition that different regions may have different approaches to health care and governance is a positive feature of the Canadian system, allowing for innovation and experimentation at the local level. In sum, subsection 287(6) of the Criminal Code of Canada provides a valuable clarification regarding the disposal of fetal tissue and human remains. By acknowledging the jurisdictional differences within Canada's health care system and providing clear definitions, the subsection supports the smooth operation of Canadian law and governance.
STRATEGY
Section 287(6) of the Criminal Code of Canada outlines the definition of the term Minister of Health" for the purposes of subsections (4) and (5) of this section. This section pertains to offences related to the sale, possession, and trafficking of controlled substances. Therefore, it is crucial for stakeholders to understand the strategic considerations involved when dealing with this section of the Criminal Code of Canada. One of the most important strategic considerations when dealing with section 287(6) is to ensure compliance with all regulations set forth by the Ministry of Health in the province or territory in which the organization operates. This involves taking into account any licensing regulations, reporting requirements, and other legal obligations that the government has put in place to regulate the sale, possession, and trafficking of controlled substances. Another strategic consideration is to implement effective risk management measures that help minimize the likelihood of legal violations related to the sale, possession, and trafficking of controlled substances. This may include conducting thorough background checks on employees involved in the handling of controlled substances, putting in place strict inventory control measures, and implementing effective security protocols to prevent the theft or diversion of controlled substances. Strategies that can be employed to ensure compliance with section 287(6) and reduce legal risks related to the sale, possession, and trafficking of controlled substances may include: 1. Developing and implementing a comprehensive compliance program that includes policies, procedures, and employee training programs designed to promote adherence to all legal and regulatory requirements related to controlled substances. 2. Conducting regular risk assessments to identify potential legal and regulatory risks related to the sale, possession, and trafficking of controlled substances, and implementing appropriate mitigating controls to minimize those risks. 3. Establishing effective communication channels with government regulators and other stakeholders, including law enforcement agencies, to ensure that the organization is aware of any changes in regulations or legal requirements that may affect its operations. 4. Ensuring that all employees involved in the handling of controlled substances are fully trained on the legal and regulatory requirements related to their work, and regularly monitoring their performance to ensure that they are adhering to these requirements. 5. Establishing an effective system of internal controls to monitor compliance with all legal and regulatory requirements related to controlled substances, and promptly addressing any issues that may arise. In conclusion, section 287(6) of the Criminal Code of Canada outlines the definition of the term Minister of Health" for the purposes of subsections (4) and (5) of this section, which pertain to offences related to the sale, possession, and trafficking of controlled substances. Strategic considerations when dealing with this section of the Criminal Code of Canada include ensuring compliance with all regulations set forth by the Ministry of Health, implementing effective risk management measures to minimize legal risks, and employing strategies such as developing a compliance program, conducting regular risk assessments, establishing effective communication channels, ensuring employee training, and establishing an effective system of internal controls.