Therapeutic cloning and the constitution--a Canadian perspective

Recent developments in the field of therapeutic cloning have been welcomed by many in the medical community as important breakthroughs that may help provide a better understanding of a variety of human diseases. Nevertheless, research in this field appears to have struck a sensitive nerve in society. A large amount of social debate has been generated regarding the validity of therapeutic cloning, and there are many seeking legislation to have the practice restricted. It is unclear, however, whether such restrictions can be legally justified. Analysing cloning in such a social and legal context raises a number of questions. What scientific procedures are behind therapeutic cloning? What is the legal status of the cultured or unimplanted embryo? Can cloning be considered an aspect of reproductive liberty as protected by the constitution? What medical advances might therapeutic cloning further? What social benefits and harms might arise from its promotion or restriction? Such questions, and the broader debate surrounding human therapeutic cloning, are addressed in this paper in three parts. Part 1 presents an overview of the basic biological principles behind cloning and the science behind the therapeutic cloning of specific cells and tissues. Part 2 analyses ss. 7, 2, 15(1) and 1 of the Canadian Charter of Rights and Freedoms and how they may be implicated by legal incursions into the field of human cloning. Several Charter-based arguments, both for and against the practice, are presented. Finally, Part 3 assesses some recent scientific developments in cloning technology, and how they affect the debate over the constitutionality of human therapeutic cloning.