Recruitment 2018/2019

We have officially opened recruitment for all boards on the MJLH. We invite students from all years of the McGill Faculty of Law to send your applications to any of our four executive boards: Editorial, Online, Management and Strategic Planning & Solicitations.

Notez bien que le comité de rédaction est bilingue et les rédacteurs / rédactrices travaillent avec les articles en anglais ainsi que le français. Vous avez donc l’option de soumettre une application pour le comité anglais ainsi que le comité français.

Applications for all Boards will remain open until Friday, September 14th at 11:59PM. Executives for each board will hold interviews thereafter. Application instructions can be found below.

Editorial Board:

Members of the Editorial Board work directly with the academic articles submitted to the Journal. They review submissions and provide recommendations as to whether an article would be suitable for publication. Editors on this Board also have the opportunity to hone their research and editing skills by verifying sources, checking footnotes, and revising texts.

Les membres du comité de rédaction participent à l’évaluation et la révision d’articles portant sur divers sujets, incluant les questions éthiques entourant les soins en fin de vie, la réglementation de l’édition génétique, et bien d’autres encore. L’année dernière, le comité de rédaction a révisé des manuscrits rédigés par des spécialistes réputés, tels Shauna Van Praagh et Michael Ralph Hadskis, sur des thèmes d’actualités et controversés comme la prise de décisions médicales pour les enfants dans le contexte des communautés autochtones et le privilège thérapeutique accordé aux médecins.

The Editorial Board is seeking detail oriented editors with time-management skills and an ability to critically analyze texts. Editors should have a strong interest in legal scholarship and be enthusiastic about collaborating with a community of law students and scholars.

Please download and complete the following application form and instructions, along with either an English or French article that you will use to complete the assignment. Please send your completed application form, assignment, CV, and cover letter to editor.mjlh@mail.mcgill.ca (English) or redacteur.rdsm@mail.mcgill.ca [Français].

Online Board: 

The primary responsibility of the Online Board is the MJLH online articles, which allows online editors to make contributions and provides readers with the opportunity to remain informed of burgeoning issues at the intersection of health, science and law.

Les étudiants auront l’occasion de s’exprimer sur des sujets d’actualité et d’échanger des idées par rapport à la santé, la science et le droit. De plus, les rédacteurs en ligne effectuent des recherches et analyses de l’actualité juridique et législative en vue de rédiger des commentaires, des résumés de cas et des chroniques publiées sur le site Web.

Recent articles discuss topics such as data privacy legislation and the implications of brain-machine interfaces, legal barriers to compensating psychological injuries suffered by public safety personnel, and an analysis of various compensation methods for the health impacts of climate change.

In addition, the editors will be responsible for maintaining MJLH’s other social media
accounts (Facebook, Twitter, LinkedIn). The Board will also participate in the annual
MJLH Colloquium through “live-tweeting,” promotion, etc.

The Online Board seeks candidates who are hard-working and possess strong writing and research abilities.

Please fill out the following application form and send it, along with your CV and a cover letter, to: web.mjlh@mail.mcgill.ca.

Note: Please keep in mind that you do not need to be on the Online Board to submit online articles. We solicit content for the Online blog from all law students and professors in the legal community at McGill and beyond.

Management Board:

Being a part of the Management Board offers students several exciting opportunities, including being a part of the annual Colloquium organizing committee, developing Speaker Series events, and supporting the Editorial Board’s initiatives. Last year, the Management Board organized events on the legal and ethical debates surrounding artificial intelligence and the future of health care, stem cell research, and doping in sports.

Le travail des membres de ce comité consistera également à assurer le succès financier de la Revue, ainsi qu’à promouvoir la Revue à travers des activités sur le campus et dans la communauté. Le temps investi varie au cours de l’année, mais n’est habituellement pas plus que 3 à 4 heures par semaine.

The Management Board is seeking enthusiastic candidates with an interest in event planning and working in a team environment who possess strong organizational and time-management skills. Experience in writing funding applications and/or other fundraising experience is an asset.

Please download and complete the following application form and send the completed form along with your CV and a cover letter to manager.mjlh@mail.mcgill.ca.

Strategic Planning & Solicitations Board:

Cognizant of the international reputation of the MJLH, the Strategic Planning and Solicitation (SPAS) Board will have the growth and management of readership and submission as its primary focus. Members of this Board will actively serve as the face of the journal by soliciting authors, scouting peer reviewers from the academic community, and by networking within the law and health community at large.

Over the past year, the Board attended various speaker events hosted by the Faculty of Law and the Institute of Health and Social Policy as official representatives of the MJLH. Nous avons également travaillé à élargir le côté francophone de la RDSM. Par exemple, en traduisant les documents utilisés pour la révision par les pairs. Un projet pour l’année 2018-2019 est l’élaboration d’un Podcast afin de viser différents publics cibles.

Le comité recherche des candidats ayant des compétences fortes en organisation, avec un intérêt marqué pour la stratégie et la communication.

Please download and complete the following application form and send the completed form along with your CV and a cover letter to info.mjlh@mcgill.ca.

Applications for all Boards  will remain open until Friday, September 14th at 11:59pm.

Update: Applications for the French Editorial Board will remain open until September 23rd at 8:00pm. 

Vous pouvez soumettre votre application en français ou en anglais.

Recap of Changing the Face of Health Care through Artificial Intelligence: Emerging Ethical and Legal Debates

On February 3rd 2018, the McGill Journal of Law and Health held its 10th annual colloquium entitled Changing the Face of Health Care through Artificial Intelligence: Emerging Ethical and Legal Debates. This year’s edition was particularly topical considering Montreal’s growing presence on the international artificial intelligence (AI) scene. A variety of lawyers, physicians, computer scientists, as well as law and medical students attended the event. The event’s program included two expert panel discussions: one meant to give an overview of the development of artificial intelligence technologies, and one meant to provide an idea of the road towards a regulatory framework on artificial intelligence, particularly in the field of the right to health in Canada.

Panel 1: An Overview of the Development of Artificial Intelligence Technologies

Contributed by Catherine Labasi-Sammartino

The first panel was composed of Dr. Jonathan Kanevsky, a final year resident in Plastic and Reconstructive Surgery at McGill who has developed several medical devices to improve therapy for skin cancer and scaring; Christelle Papineau, a PhD candidate in the international thesis program established between Paris University Panthéon-Sorbonne and the University of Montreal who’s research focuses on the interactions between law and artificial intelligence with a comparative perspective between Europe and North America; and Me. Antoine Guilman, a current lawyer at Fasken and member of the national group of Information and privacy protection who holds a PhD in Information Technology law from the University of Montreal and the Paris University Panthéon-Sorbonne.

Image1 Panel 1 speakers, from left to right: Dr. Jonathan Kanevsky, Christelle Papineau, and Me. Antoine Guilman 

Dr. Kanevsky started the panel off with a discussion on the potential of AI in health care, which he demonstrated by sharing examples of AI excelling in pattern recognition tasks, such as tumour detection in human biopsies. To create advancement in health care, it is important to recognize that some skills, such as pattern recognition, are not only human skills. This shift is similar to the one that took place when the recognition that the human mind could not possibly retain all the required information to treat patients put forward the idea that doctors should be using a data base to keep medical records. Dr. Kanevsky provided his audience with several insights about what AI can do in health care. These included classification (i.e., identify cancer types), prediction (i.e., make predictions based on physical appearance), and diagnosis (i.e., detect cancer cells).

Dr. Kanevsky also addressed the ethical challenges raised by the use of AI. Is AI good or bad? All three speakers jumped in to answer this question. Christelle Papineau brought up current studies on an algorithm’s potential (e.g., the Compass and LSI-R algorithm) to determine the appropriate sentence in criminal offence cases to illustrate AI’s potential role on our legal system and its associated risks. She stressed the value of human involvement in legal decision-making and the social responsibility AI innovators had to not delegate an irresponsible part of the cognitive processing required in legal settings to AI. Dr. Kanevsky echoed these concerns and left the audience with a rhetorical question regarding AI’s role in removing a scientist’s thought process.

Me. Guilman brought up issues surrounding the anonymization of personal information, such as doubts regarding its effectiveness and reliability. Furthermore, he explained the current trend of increasing the amount of data collected, without discriminating according to data type, and how it has created a series of challenges for the lawyers and business owners working according to the current Canadian laws on data protection. These laws are widely recognized as being out of touch with recent technological changes and have left the legal community with a variety of wide interpretations.

Overall, the first panel succeeded in bringing the audience to reflect on what AI to the legal and health care fields, while stressing the need for a continued responsible attitude towards its implementation. For all of the speakers, this responsibility translated itself in always having the possibility to include human interaction in when relying on AI decision-making. The importance of sensitising and sharing information with the general population regarding AI’s growing presence, in events such as the MJLH colloquium, were acknowledged as being effective tools to promote the responsible use of AI.

Panel 2: Road Towards a Regulatory Framework for Artificial Intelligence

Contributed by Handi Xu

Nicole Mardis is a Project Officer for the CIHR Institute of Health Services and Policy Research and a PhD Candidate at McGill University with specializations in medical sociology and industrial relations. Mardis began her talk by explaining that artificial intelligence signifies new patterns of human-computer interaction at the programming level that are expected to: expand the scope of activity that can be augmented by technology, accelerate algorithm development, and generate more independent machines. While traditional programming involves step by step problem-solving based on hard coded rules, AI consists of machines learning from data and examples, which puts less burden on programmers to embed all relevant context and meaning in the instructions that they write for computers.

While the productive potential of AI is still not fully understood, comparisons are often made to the Industrial Revolution. It is important to note that the mechanization and centralization of production that occurred during the Industrial Revolution gave rise to major productivity gains, but these gains were distributed in such a fashion that large segments of the population saw their material well-being and quality of life initially decrease.

Image2 Panel 2 speakers, from left to right: Christelle Papineau (moderator), Nicole Mardis, Dr. Frank Rudzicz, and Me. Marie Hirtle 

The Digital Revolution appears to be following a different pattern: information technology has diffused widely and costs have fallen, but productivity gains are hard to locate. Will the AI Revolution change this? What we do know is that more R&D is needed to make AI mainstream, and we should be particularly mindful of what data/examples are used to drive this activity. Health care providers (e.g., hospitals, clinics, and governments) now house very rich sources of population-based clinical and social data that could be used for AI. In partnership with these entities, research funders such as the Canadian Institutes of Health Research are investing in platforms and services to make this data available to university and hospital-based researchers. Yet, because AI cuts across many different fields of research and is driven in large part by industry, governments and other research funders will have to think more strategically about how public data assets are used to shape the trajectory of AI, as well as how they structure partnerships to maximize social and economic benefits for citizens.

Dr. Frank Rudzicz is a scientist at the Toronto Rehabilitation Institute (University Health Network), an assistant professor of Computer Science at the University of Toronto, co-founder and President of WinterLight Labs Inc., faculty member at the Vector Institute, and President of the international joint ACL/ISCA special interest group on Speech and Language Processing for Assistive Technologies. Dr. Rudzicz talked about the importance of using AI and software tools for medical diagnosis in the health care system in an ethical manner.

Current trends in AI research involve deep neural networks, big (interlinked) data, recurrent neural networks for temporal/dynamic data, reinforcement learning, active learning, telehealth and remote monitoring as well as causal/explainable models. Reinforcement learning consists of systems learning ‘online’ by taking imperfect observations, inferring the unseen state, then taking an action. This type of learning necessitates some exploration, where rewards and costs are usually supplied by humans. Active learning, which involves doctors using AI to determine a person’s disease, is efficient, but also risks putting doctors in a feedback loop and creating a blind reliance on AI. Neural networks learn to associate input features with output categories, but there is no abstract logic or interpretable reasoning to those associations; correlation is not causation, meaning that one usually cannot tell why or how a neural network made a decision, which is problematic when it comes to assigning responsibility.

Humans are notoriously bad with information: patients misread or miscommunicate their symptoms while doctors make diagnostic errors. A study by Bennett and Hauser (2013), which compared patient outcomes between doctors and sequential decision-making algorithms, concluded that AI technology was not only less costly, but also led to 50% better outcomes. Clinical doctors prescribe medication after informing patients of its benefits and side-effects. However, the AI doctor prescribes medication, partially, as an experiment, which allows it to directly and continuously learn from the outcomes, making it difficult to determine which set of ethics apply. Current regulatory frameworks will face ethical challenges, and will certainty need to adapt to the rise of AI, but most importantly, they need to continue to respect individual rights.

Marie Hirtle is a lawyer with a background in ethics and specialization in health issues ranging from community-based health and social services, to tertiary and quaternary care, biomedical research, and public health. She is currently Manager of the Centre for Applied Ethics at the McGill University Health Centre (MUHC), where she leads a team of professional ethicists who provide clinical, organizational, and research ethics services to the MUHC community. Using the example of the artificial pancreas, Face2Gene and Big Data, Me. Hirtle discussed regulatory issues raised by different applications of AI in health care settings. The artificial pancreas uses an insulin pump, a continuous glucose sensor, and a control algorithm to help patients with diabetes, but the dosing algorithm is self-learning, which is difficult to regulate. Face2Gene is an application which collects personal health information, such as photographs of faces of babies, to facilitate the detection of facial dysmorphic features and recognizable patterns of human malformations, while referencing comprehensive and up-to-date genetic information. It uses advanced technologies including computer vision, deep learning, and other AI algorithms to analyze patient symptoms, features, and genomic data. Face2Gene allows labs to interpret genetic information more accurately, thus helping clinicians diagnose rare diseases earlier on.

Me. Hirtle also discussed the legal issues associated with Big Data. Currently, Big Data is being collected, stored, used and disclosed, either when individuals consent or when the law explicitly allows it. Although obtaining individual consent is desirable, it can be impracticable. Individuals often click on “I agree” without reading the terms and conditions, therefore not knowing what they are consenting to. Furthermore, even though the law allows the use of non-identifiable data, the re-identification of these data is technically possible, which could potentially infringe on the right to privacy.

Overall, the second panel of the event drew the audience’s attention to the uncertain future of AI and the need to develop appropriate legal and regulatory frameworks to ensure that the benefits of AI can be harnessed while tempering the risks.

Changing the Face of Health Care through Artificial Intelligence: Emerging Ethical and Legal Debates

The McGill Journal of Law and Health is pleased to invite you to attend its 10th annual Colloquium: Changing the Face of Health Care through Artificial Intelligence: Emerging Ethical and Legal Debates. The aim of this bilingual and student-based initiative is to foster interdisciplinary dialogue on issues that lie at the intersection of health and law. It is our hope that such dialogue will have a positive influence on health and social policy-making in Canada.

La discussion sera divisée en deux tables rondes. La première table ronde donnera un aperçu du développement des technologies d’intelligence artificielle et discutera des défis éthiques que posent les nouvelles possibilités de soins de santé. La seconde portera plus particulièrement sur le chemin vers un cadre réglementaire de l’intelligence artificielle dans le domaine du droit de la santé au Canada.

*Un dîner et des collations seront servis*

This year’s event will feature some big names in the artificial intelligence field including: Christelle Papineau, Daniel Weinstock, Frank Rudzicz, Nicole Mardis, Antoine Guilmain, and Jonathan Kanevsky.

The event is wheelchair/stroller-accessible and the MJLH is happy to welcome all those with children! If you have any dietary restrictions, or any particular arrangements need to be made, please feel free to contact manager.mjlh@mail.mcgill.ca.

Please RSVP to the event HERE.
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Recap of Speaker Series 2017: Ethical and Legal Ramifications of Stem Cell Research

Posted by Handi Xu

Our first Speaker Series event of the 2017-2018 academic year consisted of a discussion on the ethical and legal ramifications of stem cell research. This event presented diverse perspectives on research involving the development, use, and destruction of human embryos, as well as its many potential benefits and its complexities and regulations.

Dr. Michel L. Tremblay, a leading researcher from McGill University’s Biochemistry Department, discussed the evolution of stem cell use and its current clinical applications. Notably, stem cells are capable of reproducing themselves and are also able to differentiate into other cell types. Since stem cells are difficult to isolate in humans, experiments involving embryo stem cells are usually performed using animals. These experiments aim to create stem cell mutations in order to understand normal gene function as well as their association to various human diseases such as cancer and obesity.

IMG_2747 Dr. Tremblay spoke about the current clinical applications of stem cells 

In 2006, Dr. Shinya Yamanaka, a Japanese stem cell researcher, discovered through the fusion of stem cells and tumor cells that some genes responsible for stem cell properties were dominant over other gene expressed in non-stem cells. Therefore, the fusion of these stem cells and cancer cells led the majority of the fused cells to be stem cell like.  He then discovered that only four dominant genes in stem cells were necessary to transform a normal cell into a stem cell (Induced Pluripotent Stem cells or IPS cells). He shared the 2012 Nobel Prize in Physiology and Medicine with Sir John B. Gurdon for showing that mature cells can be reprogrammed into pluripotent stem cells. This line of work proved that it was possible to use cells other than those from the embryo to generate stem cells, hence removing one of the major ethical issues of using human embryos to obtain stem cells. Nowadays, novel technologies of genetic engineering, such as CRISPR-Cas9-technology, allow the generation of specific manipulations of genomes in any human stem cell and in other cell types.

Dr. William Stanford, an influential stem cell researcher from the Ottawa Research Institute, detailed the history of stem cells discoveries. He further discussed the use of stem cells in clinical trials to treat a great number of diseases such as diabetes, blindness, and heart disease. They are also starting to be used in the development and assessment of new therapeutic drugs. However, the remarkable potential of stem cells to improve all spheres of biomedical research and treatment has spawn great competition due to the lucrative potential of these technologies. Since the cost and ethical regulations of stem research and therapies differ among many countries, other issues such as stem cell therapeutic “tourism”, fake treatments, and non-ethical research programs in non-clinically certified centres, have resulted in harm to patients in many countries lacking regulation. There is a continuous need for maintaining a legal framework for their applications as well as constant effort to inform the public on the advances and limitations of stem cells activities.

IMG_2749 Dr. Stanford spoke about ethical complications with stem cell therapies in countries lacking proper regulation 

Finally, Me. William Brock, a partner at Davies and a leukemia survivor that underwent bone marrow stem cell transplant, expressed his opinion on stem cell research from a patient’s perspective. Not only did his treatment allow him to realize how fragile and important life is, but it also led him to acknowledge the power of science.

IMG_2753 Me. Brock spoke about his personal experience receiving stem cell therapy 

Indeed, scientific progress has permitted the 100% mortality rate of leukemia fifty years ago to drop to 10% for children and 50% for adults today. Me. Brock also explained that ethics is differently defined for everyone; while one person might find stem cell research unethical, another person’s life or death could rely on stem cells. He believes that society cannot decide for a patient whether they should be allowed to receive a stem cell treatment or not.