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there are a variety of heart-related symp- toms. Can Gitxsan long QT mutation carriers become truck drivers? Can they become pilots? Lemmens points out what decides these issues today is a proportionality test. "You compare the magnitude of the risk and the likelihood of occurrence of risk happening — something can have a small likelihood of happening, but a big effect if it does. And because of that the court may say it is appropriate to impose restrictions." But what isn't clear, he admits, is exactly where that line is when it applies to arrhythmias' variety of risks and consequences. Then there is the question of a parents' right to know about their child's genetic predisposition. In Newfoundland, par- ents are beginning to demand that ARVC screening tests be conducted on infants or very young children. The problem is that there are no clinical manifestations of YOUR CONCISE REFERENCE TO DEFAMATION LAW AND PRACTICE IN CANADA NEW PUBLICATION CANADIAN DEFAMATION LAW AND PRACTICE RANDY PEPPER, DAVID MORRITT, RANDALL STEPHENSON AND JORDAN ROSS A highly practical and easy to use guide, Canadian Defamation Law and Practice outlines the law and provides a practice guide for lawyers advising on defamation issues and engaged in defamation actions. For those involved in the media, communications, and advertising fields, it will also assist in recognizing areas of concern and help to avoid publishing defamatory materials. FIND EXACTLY WHAT YOU NEED QUICKLY This resource provides a clear analysis of the law as well as helpful practice tips and precedents. Topics covered include: The plaintiff and defendant, media defendants, defences, remedies, litigating a defamation action, contempt, the charter, and more. A chapter devoted to defamation and the Internet covers the area including recent developments concerning: when Internet service providers are liable for defamation; when anonymous posters can be unmasked; what new defences are available to media defendants; when a foreign party can be sued for defamation in Canada; and when increased damages are available for defamation. INCLUDES: Extensive Case Law: Primarily Canadian, with references to U.K. and U.S. law Commentary: Up-to-date commentary on the law Legislation: Includes defamation statutes across Canada Practice Aids and Checklists: Most sections of the book conclude with practice tips Forms and Precedents: Includes sample defamation notices and pleadings ORDER # 804553 $175 1 volume looseleaf supplemented book March 2012 Supplements invoiced separately 978-0-88804-553-9 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order online at www.carswell.com CANADA LAW BOOK® the disease before the age of 17 or 18 and as such no need to do anything either in terms of lifestyle changes or defibrillator implants. "The question is that if there is no manifestation of the disease, shouldn't you wait until the child is old enough to decide for him or herself when and wheth- er to be tested?" asks Christina Templeton, a paediatric cardiologist in St. John' rights will win out. "You can't withhold information about a child from a par- ent or a legal guardian because they are substitutes for those individuals in a legal sense. What is the doctor's legal responsibility? U of A's Caulfield believes parents' s. tendency in the law to say that when there is no benefit to the child, they should have the right to make a decision for them- selves at 18 or so, " Lemmens disagrees. "There is a both a lawsuit and a subsequent Solomaic judgment. However Newfoundland' quandaries are nothing in comparison to what has arisen at Partners HealthCare Center for Personalized Genetic Medicine at Harvard University in Boston, a facility designed both to test for heart-disease- causing genes and to translate genetic research results into medical practice. Consider the sperm donor who at the s legal/moral Again the situation seems ripe for " he says. time of donation was asymptomatic but later learned he both carried a gene for and had symptoms of another arrhythmia known as hypertrophic cardiomyopathy (HCM). Partners contacted all the fami- lies involved in the donation offering to test the children for the disease. One was a lesbian couple who had wanted their offspring to be half-biological siblings and so there was a risk both carried the gene. The couple came back and said they didn't want their children to be tested. When asked why, they said there had been intense sibling rivalry between the two children and that if one tested negative and one positive that rivalry would likely be intensified. What should the lab do, especially when signs of the disease were being seen in three of nine HCM-positive children born of the donor' don't always precede an attack, and when defibrillators have been shown to prevent early deaths in many HCM carriers? More 34 M AY 2012 www. CANADIAN Lawyermag.com s sperm, when symptoms

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