Chronology of battle over assisted human reproduction activities
By Janice Tibbetts
Postmedia News December 22, 2010

www.montrealgazette.com/health/Chronology+battle+over+assisted+human+reproduction+activities/4013760/story.html

OTTAWA — A deeply divided Supreme Court of Canada struck down key federal powers to regulate the country's thriving fertility industry Wednesday, ruling that several parts of a new law fall under provincial jurisdiction.


1993: Royal Commission on New Reproductive Technologies report calls for federal ban on cloning, and on buying and selling eggs, sperm and surrogacy. Recommends independent regulatory body to govern permissible assisted human reproduction activities.


1995: Federal government introduces voluntary moratorium on many practices that royal commission found problematic and one year later establishes advisory committee to help monitor compliance by researchers and health professionals.


1996: Federal government introduces first bill, the Human Reproductive and Genetic Technologies Act, imposing prohibitions recommended by the royal commission. Government signals intention to set up regulatory agency, but not contained in proposed legislation, which dies on the order paper when 1997 federal election is called.


2002: Federal government tables another attempt, introducing the Assisted Human Reproduction Act. Includes regulatory framework.


2004: Bill passes into law, giving Canada one of the most expansive schemes worldwide governing assisted human reproduction. Bans some procedures, such as sex selection and payment to sperm and egg donors. Allows for creation of Assisted Human Reproduction Agency of Canada, responsible for licensing, inspecting and enforcing practices and procedures restricted under the act, such as in vitro fertilization. Quebec initiates constitutional case against federal control over the industry, challenging Ottawa's jurisdiction to regulate.


2006: Agency is established to police the fertility industry, including compliance, and issuing and reviewing of facility licences and practices. To date, it has carried out little monitoring.


2007: The only federal regulation under the act thus far comes into effect, banning the use of eggs, sperm and embryos without the consent of the owner. The Quebec government introduces its own bill to regulate clinical and research activities related to assisted procreation.


2008: Quebec Court of Appeal says the federal act is invalid because Ottawa does have power to regulate the entire industry on grounds that it intrudes on provincial jurisdiction over health care.


2009: The federal government takes its defeat to the Supreme Court of Canada, where it argues that its power over criminal law permits it to regulate the industry. Alberta, Saskatchewan and New Brunswick side with Quebec.


2010: Supreme Court of Canada, after 20 months of deliberations, releases its decision in the oldest case on its books.


Source: Assisted Human Reproduction Canada, Postmedia files