Organ Donation Legislation

The Manitoba Law Reform Commission (MLRC) is considering reforms to Manitoba's organ donation legislation under The Human Tissue Gift Act. The MLRC is interested in hearing from members of the public, health professionals, the legal profession, and other interested persons and groups, so that the MLRC's recommendations will be practical and meaningful. Please take the time to fill out this survey to provide your thoughts on organ donation in Manitoba. Thank you.

The full consultation paper can be found at www.manitobalawreform.ca

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* 1. Please check all that apply:

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* 2. Currently, Manitobans may indicate their intent to become an organ/tissue donor by registering their consent with the online Sign Up For Life Registry. Without this express indication of consent, Manitobans will not become organ or tissue donors after death. Some other jurisdictions are moving toward a "presumed consent" model, where a person's consent to donate is considered under law to have been given unless they have indicated their intention not to consent to having their organs/tissues donated after death.

Are you in favour of a presumed consent framework for organ donation?

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* 3. Under Nova Scotia's new presumed consent legislation, consent is presumed for the use of organs and tissues for transplantation purposes only. Consent will not be presumed for the use of organs/tissues for any other purpose such as medical education or scientific research.

If Manitoba were to implement presumed consent legislation, what purposes should presumed consent apply to? Check all that apply.

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* 4. Underlying any presumed organ and tissue donation regime is the principle that individuals have the right, during their lifetime, to refuse to donate their organs/tissues after death. In other jurisdictions, the method by which individuals may indicate their consent or refusal varies from entering their refusal in a central registry to less formal methods such as stating their objection to donate in writing or orally in front of witnesses.

If Manitoba were to implement presumed consent organ donation legislation, how should individuals be able to indicate their intention to refuse to donate? Check all that apply.

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* 5. If Manitoba were to implement presumed consent organ donation legislation, what steps should the body responsible for facilitating organ and tissue donation be required to take before organ and tissue donation activities may commence?

Check all that apply.

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* 6. In some other jurisdictions that have presumed consent organ donation legislation, there are certain circumstances in which intentions regarding after-death organ or tissue donation do not need to be consulted prior to transplantation. 

If Manitoba were to implement presumed consent organ donation legislation, in what circumstances should the body responsible for facilitating after-death organ and tissue donation not be required to consult an individual's intentions regarding organ/tissue donation?

Check all that apply.

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* 7. Nova Scotia's new legislation sets out certain circumstances in which presumed consent will be inappropriate and thus will not apply.

If Manitoba were to implement presumed consent organ donation legislation, should it contain any exceptions to the presumption of consent?

Check all that apply.

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* 8. Under presumed consent organ donation frameworks, certain individuals, known as "substitute decision makers", may, under certain circumstances, consent or refuse to the use of another person's organs or tissues on their behalf.

If Manitoba were to implement presumed organ donation legislation, who should be empowered to act as a substitute decision maker in this capacity?

Check all that apply.

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* 9. If Manitoba were to implement presumed consent organ donation legislation, under what circumstances should substitute decision makers be able to consent or refuse to organ/tissue donation after death on someone's behalf?

Check all that apply.

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* 10. The MLRC would like to hear about other issues related to The Human Tissue Gift Act and laws regarding organ donation. Please let us know if you think there are other issues the MLRC should consider.
If you prefer, you can also send us an email at mail@manitobalawreform.ca to provide your comments.

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