Manitoba Law Reform Commission Consultation Paper on Organ Donation

The Manitoba Law Reform Commission has published a Consultation Paper entitled Presumed Consent Organ Donation:

"Until January 2021, each Canadian province and territory maintained 'express consent' or 'optin' systems of organ donation consistent with Manitoba’s, under which legislation required the explicit consent of donors for the use of any parts of their bodies after death for therapeutic purposes, medical education or scientific research. However, in January of this year, Nova Scotia became the first jurisdiction not only in Canada but within North America to break this mold."

"Under Nova Scotia’s new Human Organ and Tissue Donation Act,  when there is no record of a person’s decision on organ and tissue donation, their consent will now be considered, under law, to have been given (...)"

"Given the hundreds of Manitobans currently on transplantation waitlists, and the reform efforts in other Canadian jurisdictions, the Commission asks the question: If Manitoba were to amend The Human Tissue Gift Act to implement a system of presumed consent organ donation, how should it amend this legislation?"

The document looks at the legal landscape of organ and tissue donation in other parts of Canada.  

It also explores recent legislative changes and reform efforts in other jurisdictions, including Canadian provinces, the US, the UK, Australia, New Zealand and Spain.

The consultation period lasts until July 30, 2021.