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Why a criminal ban? Analyzing the arguments against somatic cell nuclear transfer in the Canadian parliamentary
Timothy Caulfield1, Tania Bubela
1University of Alberta, Edmonton, Alberta, Canada. tcaulfld@law.ualberta.ca
Abstract:
Somatic cell nuclear transfer (SCNT) remains a controversial technique, one that has elicited a variety of regulatory responses throughout the world. On March 29, 2005, Canada's Assisted Human Reproduction Act came into force. This law prohibits a number of research activities, including SCNT. Given the pluralistic nature of Canadian society, the creation of this law stands as an interesting case study of the policy-making process and how and why a liberal democracy ends up making the relatively rare decision to use a statutory prohibition, backed by severe penalties, to stop a particular scientific activity. In this article, we provide a comprehensive and systematic legal analysis of the legislative process and parliamentary debates associated with the passage of this law.
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