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Canadian Nurses Protective Society > Article

Intimidation of Health-Care Professionals: Changes to the Criminal Code in Effect as of January 16, 2022

Following protests against vaccination mandates that took place in the Fall of 2021 at various healthcare sites across Canada, the Criminal Code was amended to include the offence of intentionally taking steps to intimidate health-care professionals in specific circumstances. These changes came into effect on January 16, 2022.  Section 423.2 now makes it a criminal…

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Legal case study: Distraction by cell phone

Hand-held devices can be useful tools for nurses and other health-care practitioners. They can be used to communicate about patient care in certain circumstances as long as the right security measures are in place to ensure patient confidentiality. However, when used for a personal purpose, hand-held devices can also distract from the provision of care….

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Lessons from the Courtroom: Collaborative Care

Lessons from the courtroom: A reminder that with collaborative care comes greater individual responsibility Two recent court decisions have focused on the important role that nurses play within a treatment team, and the corresponding responsibility that this entails. Case 11 The court had to decide whether an ER physician, a registered psychiatric nurse (“RPN”) and…

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Managing Legal Risks in Preceptorships

THIS PUBLICATION WAS PUBLISHED IN OCTOBER 2002 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. What are the legal risks in…

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Medical Assistance in Dying: What every nurse should know

On June 17, 2016, the federal government’s Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) received royal assent and became law in Canada. As a result of receiving royal assent, the provisions of Bill C-14 which amend the Criminal Code now form…

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Nurse Practitioner Series: Are you aware of the implications of completing a patient form?

Nurse practitioners, and at times, registered nurses, may be asked by their patients or required by legislation to complete forms to be submitted to a third party. This typically includes filling out a form or writing a letter on behalf of the patient for the purposes of gaining access to a benefit or confirming certain…

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Physician Assisted Death: What does this mean for nurses?

On January 15, 2016, the Supreme Court suspended the operation of its declaration in Carter v. Canada permitting physician-assisted death until June 6, 2016. This is to allow the federal government additional time to decide upon its response. Until then, physician-assisted death remains generally prohibited by the Criminal Code.  However, as part of its ruling,…

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Professional Liability During the Shortage

THIS PUBLICATION WAS PUBLISHED IN SEPTEMBER 2001 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. With Canada in the midst of…

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Providing Professional Nursing Services During a Natural Disaster

The following Q&A may assist eligible nurses who have legal questions about providing professional nursing services during natural disasters, such as wildfires, flooding, earthquakes, etc. Question: Do I remain eligible for CNPS professional liability protection if I provide professional services during a natural disaster? Answer: Yes. CNPS beneficiaries continue to have access to CNPS services…

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Reduced Resources and Liability Risks

THIS PUBLICATION WAS PUBLISHED IN NOVEMBER 1995 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. Cost-containment strategies have meant the loss…

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