Roxanne Mykitiuk

Associate Professor, Osgoode Hall Law School, York University

Roxanne Mykitiuk investigates the legal, ethical and social implications of assisted reproductive and genetic technologies.

Media

Making TTC Announce Bus/Subway Stops for Blind Riders

In his January 24, 2014 lecture to Osgood Hall Law School's Disability Rights Intensive course of Prof. Roxanne Mykitiuk and Marion MacGregor, David Lepofsky describes his 13-year saga to force the Toronto Transit Commission to audibly announce all subway, bus and streetcar routes to accommodate the needs of blind passengers like himself. This included of advocacy and litigation including his 2 discrimination cases at Ontario's Human Rights Tribunal against the TTC. From 1994-2005, Lepofsky chaired the Ontarians with Disabilities Act Committee. From 2009 to the present, he chaired the successor Accessibility for Ontarians with Disabilities Act Alliance. www.odacommiteee.net WWW.aodaalliance.org Twitter @davidlepofsky and @aodaalliance Facebook: http://www.facebook.com/pages/Accessibility-for-Ontarians-with-Disabilities-Act-Alliance/106232039438820 To get AODA Alliance email updates ask aodafeedback@gmail.com For all lectures in this series and related links visit http://www.aodaalliance.org/video/default.asp

Disability Law Intensive Program

The Disability Law Intensive (DLI) is a clinical intensive program offered by Osgoode Hall Law School in partnership with ARCH Disability Law Centre. The DLI program allows students to engage in individual client and systemic advocacy. Students enrolled in the DLI program have a demonstrated commitment to social justice and to the eradication of barriers facing people with disabilities, and embrace the understanding of social and rights-based models of disability.

The “Healthy” Embryo: Social, Biomedical, Legal and Philosophical Perspectives
by Roxanne Mykitiuk, Jeff Nisker, Francoise Baylis, Isabel Karpin and Carolyn McLeod
Cambridge University Press
9780521748131

This multidisciplinary book explores the concept of a 'healthy' embryo, its implications on the health of children and adults, and how perceptions of what constitutes child and adult health influence the concept of embryo 'health'. The concept of human embryo health is considered from preconception to pre-implantation genetic diagnosis to recent foetal surgical approaches.

Public Nature of Private Violence: The Discovery of Domestic Abuse
by M A Fineman & R Mykitiuk
Routledge
Reading the Future? : Legal and Ethical Challenges of Predictive Genetic Testing
by Roxanne Mykitiuk, Trudo Lemmens and Mireille Lacroix
Les Editions Themis
9782894002292

Predictive genetic tests can be of significant value for patients and for public health strategies, but many ethical and legal issues are associated with the development and use of such tests. This book identifies and examines these issues and makes recommendations that will be of value to policy makers, regulators and law reformers. It is also a source of information for all those interested in the important ethical, social and legal issues raised by the new genetics.

Ethics of the Body
by Margrit Shildrick and Roxanne Mykitiuk
The MIT Press

Wrongful birth litigation and prenatal screening

Published by Canadian Medical Association Journal

2008 Canadian clinicians must be aware of new standards of care resulting from national clinical practice guidelines, both to ensure best practice and to avoid malpractice litigation. Clinical practice guidelines can reduce successful malpractice actions through physician education and they may be used in court as evidence that the standard of care was met.

URL: http://www.cmaj.ca/content/179/10/1027.short

Understanding the Use of 'Genetic Predisposition' in Canadian Legal Decisions

Published by McGill Journal of Law and Health

2013 Since the advent of the Human Genome Project in 1989, the ethical, legal, and social implications inherent in future genetic science and its applications have worried researchers and scholars in law and ethics. Concern that the results of genetic testing might be used to discriminate against particular individuals and groups of individuals has been paramount, prompting calls for specific legislation to protect against genetic discrimination. Against this backdrop we sought to investigate instances of genetic discrimination in Canadian legal decisions.

URL: http://mjlh.mcgill.ca/articles.php?article_id=59

The Canadian Assisted Human Reproduction Act: Protecting Women's Health While Potentially Allowing Human Somatic Cell Nuclear Transfer into Non-Human Oocytes

Published by The American Journal of Bioethics

Notions of Reproductive Harm in Canadian Law: Addressing Exposures to Household Chemicals as Reproductive Torts

Published by Canadian Journal of Comparative and Contemporary Law

2015 This article examines the potential for prenatal exposure to harmful chemicals to be approached as reproductive torts as opposed to toxic torts. Focusing on two groups of household chemicals – brominated flame retardants and phthalates – this article identifies the ways in which prenatal injury claims and birth torts (i.e. wrongful pregnancy, wrongful birth, and wrongful life cases) can inform future litigation regarding prenatal exposures to risky household chemicals.

URL: http://digitalcommons.osgoode.yorku.ca/scholarly_works/2372/?utm_source=digitalcommons.osgoode.yorku.ca%2Fscholarly_works%2F2372&utm_medium=PDF&utm_campaign=PDFCoverPages

Going out on a limb: prosthetics, normalcy and disputing the therapy/enhancement distinction

Published by Medical Law Review

2008 The development of genetic technologies, nano-technologies and technologies related to artificial intelligence have provoked discussion about the different uses to which they may be put; namely, their potential for therapeutic and non-therapeutic use.

URL: http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=2168&context=scholarly_works

Biography

Roxanne Mykitiuk is an Associate Professor at Osgoode Hall Law School, York University where she teaches disability, health and family law. She is the Director of the Disability Law Intensive clinical program. From 1990-92 she was Senior Legal Researcher for the Canadian Royal Commission on New Reproductive Technologies. From 2002-2006 she was a member of the Ontario Advisory Committee on Genetics and from 2005-2008 she was a member of the Ethics Committee of the Society of Obstetricians and Gynecologists of Canada. In 2009 Mykitiuk was scholar in residence at the Law Commission of Ontario working on the Disability and Law Project. She is currently on the Board of Directors of ARCH Disability Law Clinic. Mykitiuk was the Chair of York University’s Senate from 2013-2015. She is an active, engaged and collaborative researcher. She is the author/ co-author of numerous articles, book chapters and books investigating the legal, ethical and social implications of reproductive and genetic technologies and the legal construction and regulation of embodiment and disability. More recently her research has begun to create and investigate arts-based methods – digital stories and drama-based narratives – as a means of challenging and re-representing conceptions of disability. She is completing work exploring the reproductive health and intergenerational justice implications of exposures to ubiquitous household toxics, especially in relation to conceptions of harm using a debility and disability justice framework. In another project, she analyzes Article 12 of the CRPD, collectively and collaboratively exploring the meaning of self-determination in health care decision making with a woman who calls herself a “schizophroenist”. In a recent SSHRC project, she is using legal research and digital story making to investigate episodic disability in the workplace and assist employers to adopt policies that are accommodating to the needs of variously positioned workers with episodic disabilities. Furthermore, Mykitiuk is part of an interdisciplinary team carrying out a program of research that archives, incubates, exhibits, disseminates, studies and provides access to disability art produced by disabled, mad, fat and aging/ed people through research creation activities aimed at interrogating the claim that access to art will provide disabled people with greater access to a fulfilled life beyond how full and equal access is imagined and protected under the law.

Additional Titles and Affiliations

Health Law Institute University of Alberta : Research Associate

Centre for Intellectual Property Policy McGill University : Associate Member

Past Talks

Playing up Citizen Involvement: An Experiential Workshop in the Use of Theatre for Policy Development

Nobody's Child, Everybody's Children: An International Conference on New Reproductive and Genetic Technologies

Nanaimo, BC, May 24, 2007

Privacy and Other Ethical and Legal Issues in Emergency Contraception in Canada

2nd Gynaecology Ontario CME Programme

Toronto, ON, April 8, 2006

Nonhuman Animal-Human Hybrid Embryo Research in Canada: Ethical and Legal Considerations

International Conference on the "Healthy" Embryo

London, ON, November 15, 2007

Gender Equity in Health Research in Canada

30th International Congress on Law and Mental Health

Padua, Italy, June 29, 2007

Characterizing the PGD Embryo: A Review of Recent Policy Positions

Ethics Matters: Joint Ethics Conference

Toronto, ON, June 1, 2007

Research Grants

The Legal Regulation and Construction of the Gendered Body and of Disability in Canadian Health Law and Policy

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 25000

Details:

1998” (year 1) Principal Investigator

The Nexus of Law and Biology for Emerging Technologies

Organization: Australian Research Council, Linkage-International Award
Grant amount: 51203 AUS

Details:

2003 Chief Investigator

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 1200

Details:

2005

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 1619

Details:

2004

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 800

Details:

2003

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 800

Details:

2002

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 800

Details:

2001

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 700

Details:

2000

Travel Grant

Organization: Social Sciences and Humanities Research Council
Grant amount: 900

Details:

1997

Travel Grant

Organization: Social Sciences and Humanities Research Council

Details:

1996

Travel Grant

Organization: University of Alberta

Details:

1994 Central Research Fund

Travel Grant

Organization: University of Alberta

Details:

1993 Central Research Fund

Voices of Individuals: Collectively Exploring Self-Determination

Organization: European Research Council

Details:

2016 Insight Grant. I have been selected to work as part of an international team as a respondent to collaborate with a person who has a lived experience of schizophrenia to co-author a critical response to her experience grounded in Article 12 of the CRPD. The project is housed at the Centre for Disability Law and Policy Institute for Lifecourse and Society, Galway, Ireland. PI: Eilionoir Flynn.

Women, Health and the Canadian Biotechnology Strategy: Synthesizing and Disseminating Results

Organization: Women’s Health Bureau, Health Canada
Grant amount: 1500

Details:

2001 Principal Investigator

Women, Health and the Canadian Biotechnology Strategy: Synthesizing and Disseminating Results

Organization: Women’s Health Bureau, Health Canada
Grant amount: 9000

Details:

2000 Principal Investigator

Women’s Health: An Impact Assessment of the Canadian Biotechnology Strategy

Organization: Medical Research Council of Canada
Grant amount: 25000

Details:

1999 Co-Investigator

Seed Funding

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 5300

Details:

1997

Sharing Knowledges of Risk: Citizen Engagement with Science, Law and Biotechnology

Organization: Social Sciences and Humanities Research Council and Law Commission of Canada, Relationships in Transition competition
Grant amount: 40000

Details:

2004 Principal Investigator

Structural and Functional Annotation of the Human Genome for Disease Study

Organization: Genome Canada
Grant amount: 22.2 million over four years. GE3Ls Project, $240,000 over four years

Details:

2005 I am Theme Leader for “Shifting Conceptions of Health, Disease, Illness, Normalcy and Disability?”

Summer Research Fellowship

Organization: Borden, Ladner and Gervais
Grant amount: 10000

Details:

2006 Two fellowships of $10,000 each are offered by the national law firm, Borden Ladner Gervais LLP, to promote excellence in legal scholarship.

The Canadian Biotechnology Strategy and Law: Implications for Gender and Health

Organization: Social Sciences and Humanities Research Council
Grant amount: 6100

Details:

1999 SSHRC Special Initiative Grant: Grants to Untenured Faculty

The Construction of Disability and Risk in Genetic Counselling Discourse

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 55675 over 2 years

Details:

1999 Co-Investigator

The Legal Regulation and Construction of the Gendered Body and of Disability in Canadian Health Law and Policy

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 22000

Details:

1999 (year two) Principal Investigator

Regulating Relations: forming families inside and outside law's reach

Organization: Australian Research Council
Grant amount: 421,500.00 over 4 years

Details:

2014 Project Grant with J. Millbank, I. Karpin, E. Jackson and A. Stuhmcke

Reproductive Autonomy: Legal and Policy Choices

Organization: Social Sciences and Humanities Research Council and Law Commission of Canada
Grant amount: 20000

Details:

2003 Governance and Freedom of Choice competition Collaborator

Research Grant

Organization: University of Alberta

Details:

1994 Central Research Fund (Vice-President's Discretionary Fund)

Research Grant

Organization: University of Alberta

Details:

1994 Central Research Fund

Osgoode Hall Research Fellowship

Organization: Osgoode Hall Law School

Details:

2006

Law’s Slow Violence

Organization: Osgoode Hall Law School
Grant amount: 5000

Details:

2012 Harry Arthurs Collaborative Faculty Research Grant. Workshop with Rob Nixon: “Law’s Slow Violence.” With Dayna Scott, Ruth Buchanan, Sonia Lawrence and Peer Zumbansen

Monitoring the Human Rights of People with Disabilities in Canada

Organization: Social Sciences and Humanities Research Council
Grant amount: 998,000, over 5 years

Details:

2006 Applicant: Marcia Rioux. I am a co-applicant and the University Co-Leader for Theme III - Law and Policy

Operating Grant

Organization: Canadian Institutes of Health Research
Grant amount: 371.202 over 3 years

Details:

2011 Nominated PI. Carla Rice ($371.202 over 3 years) I am one of 6 PI’s on this grant.

Gender Inequities in Health Research: Towards a New Regulatory Framework

Organization: Australian Research Council
Grant amount: 300,000 over three years

Details:

2005 With Belinda Bennett (Principal Investigator), Isabel Karpin, Wendy Rogers and Patty Peppin

Genetics and Breast Cancer

Organization: Social Sciences and Humanities Research Council
Grant amount: 3000

Details:

1997 Small Research Grant

Grant to Prepare National Strategic Workshop on Women’s Health and the New Genetics

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 15000

Details:

1998 Principal Investigator

Grant to Prepare National Strategic Workshop on Women’s Health and the New Genetics

Organization: National Network on Environments and Women’s Health (NNEWH)
Grant amount: 15000

Details:

1998 Co-Investigator

Health in an Unequal World: Global Ethics and Policy Choices

Organization: Canadian Institutes of Health Research
Grant amount: 38,026 over 3 years

Details:

2006 Co-Applicant

Curriculum Development Fund Award

Organization: Centre for Innovation Law and Policy
Grant amount: 5000

Details:

2004

Curriculum Development Grant – family law

Organization: Osgoode Hall Law School
Grant amount: 2000

Details:

2008 With Susan Drummond and Shelley Kierstead

Effects of Brominated Flame Retardants on Reproductive Health and Social, Legal and Ethical Aspects

Organization: CIHR
Grant amount: 2.5 million over five years

Details:

2009 Team Grant. Legal, Ethics and Social Aspects team with shared with co-applicants Profs. J. Nisker and D.Scott

Experiential Education Development Grant

Organization: Osgoode Hall Law School
Grant amount: $4000

Details:

2013 Disability Law Intensive Program, with Marian MacGregor

Exploring Key Issues of Sex/Gender and Disability in Genomics

Organization: Women’s Health Bureau, Health Canada
Grant amount: 10000

Details:

2005 Principal Investigator

From Invisibility to Inclusion: Developing and Evaluating Policies and Practices to Facilitate the Inclusion of Workers with Episodic Disabilities in Ontario Workplaces

Organization: Social Sciences and Humanities Research Council
Grant amount: 297,000 over 4 years

Details:

2016 I am one of 2 co-applicants on this grant. There are 7 collaborators.

Beyond the Margins of (Dis)Ability: Enabling Women With Disabilities to Achieve Health

Organization: SSHRC
Grant amount: 87500 over 3 years

Details:

2004 Standard Research grant. Principal Investigator

Bodies in Translation: Activist Art, Technology, and Access to Life

Organization: Social Sciences and Humanities Research Council
Grant amount: 2,500.000 over 7 years

Details:

2016 Partnership Grant. I am a co-applicant on this grant and a member of the Management Committee and Conceptual Panel. This application was ranked 1st by SSHRC.

Canadian Program on Genomics and Global Health

Organization: Genome Canada
Grant amount: 4.5 million over 3 years

Details:

2001 (P.I. Peter Singer) Investigator

Expertise

  • Reproductive Rights
  • Health Law
  • Genetics and the Law
  • Feminist Legal Theory
  • Family Law
  • Disability Law
  • Children and the Law
  • Bioethics
  • Assisted Reproduction Law

Education/Éducation

  • University of Toronto
    Law
    LL.B., 1989
  • University of Alberta
    Political Science
    B.A., 1986
  • Columbia University School of Law
    Law
    LL.M., 1994
  • Columbia University School of Law
    Law
    Degree: J.S.D, 2013