Papers by Nicole O'Byrne
Women and Birth, 2013
In Canadian provinces with opt-out policies for maternal HIV screening, pregnant women are told H... more In Canadian provinces with opt-out policies for maternal HIV screening, pregnant women are told HIV screening is routine and are provided with the opportunity to refuse. In Newfoundland and Labrador an opt-out screening policy has been in place since 1997. This research study aimed to (1) obtain an increased understanding of the information women receive about HIV/AIDS during the opt-out screening process and (2) to advance the policy related dialogue around best practices in HIV screening within the province of Newfoundland and Labrador. Twelve women who were between 14 and 35 weeks gestation participated. Interviews were transcribed verbatim and a thematic analysis was carried out. The major themes are that women have difficulty obtaining clear information about maternal HIV screening, are often not told they have the right to refuse maternal screening, and experience paternalism from physicians. We recommend that physicians and other health care providers in be reminded that that current opt-out testing requires women's consent and that women must be given the option to refuse the test.
Introduced as a federal-provincial cost-sharing program in the 1960s, Canadian Medicare arose in ... more Introduced as a federal-provincial cost-sharing program in the 1960s, Canadian Medicare arose in the context of competing provincial models implemented by Saskatchewan, Alberta, and British Columbia. This article examines Bennettcare in British Columbia which, unlike the Saskatchewan and Alberta models, has never been analysed historically. Named after Premier W. A. C. Bennett, Bennettcare initially attempted to balance public support for a government-sponsored health insurance program with the free enterprise ideology
espoused by the followers of Social Credit, the insurance industry, and the British Columbia Medical Association. However, in order to receive cost-sharing dollars from the federal government, Bennett was eventually compelled to change the design features in order to comply with the federal government’s requirements of universality and public administration, morphing Bennettcare into Saskatchewan-style Medicare.
The British North America Act, 1930 (the
Natural Resources Transfer Agreements)
marked the end of... more The British North America Act, 1930 (the
Natural Resources Transfer Agreements)
marked the end of lengthy battle between the
provincial governments of Saskatchewan,
Alberta, and Manitoba and the federal
government of Canada. Prior to 1930,
the provincial governments did not have
administrative control over their natural
resources and were not constitutionally equal
to the other Canadian provinces. One of the
terms of the constitutionalized agreements
provided that after the transfer, the provincial
governments would undertake all of the federal
governments’ continuing obligations to third
parties. One of these obligations was the
redemption of Métis scrip issued by the federal
government to extinguish the Métis interest in
the lands. The provinces initially refused to
accept this obligation, which led to an extensive
debate over the constitutional responsibility for
Métis scrip. The author examines this debate in
order to shed light on the nature and extent of
the constitutional obligations that were owed to
the Métis prior to their inclusion in section 35 of the
Constitution Act, 1982.
Abstract
Background
In Canadian provinces with opt-out policies for maternal HIV screening, preg... more Abstract
Background
In Canadian provinces with opt-out policies for maternal HIV screening, pregnant women are told HIV screening is routine and are provided with the opportunity to refuse. In Newfoundland and Labrador an opt-out screening policy has been in place since 1997.
Purpose
This research study aimed to (1) obtain an increased understanding of the information women receive about HIV/AIDS during the opt-out screening process and (2) to advance the policy related dialogue around best practices in HIV screening within the province of Newfoundland and Labrador.
Methods
Twelve women who were between 14 and 35 weeks gestation participated. Interviews were transcribed verbatim and a thematic analysis was carried out.
Findings
The major themes are that women have difficulty obtaining clear information about maternal HIV screening, are often not told they have the right to refuse maternal screening, and experience paternalism from physicians.
Conclusion
We recommend that physicians and other health care providers in be reminded that that current opt-out testing requires women's consent and that women must be given the option to refuse the test.
Introduced as a federal-provincial cost-sharing program in the 1960s, medicare aligned ideologica... more Introduced as a federal-provincial cost-sharing program in the 1960s, medicare aligned ideologically with Premier Louis J. Robichaud’s Equal Opportunity program. New Brunswick was one of the first Canadian provinces to support the adoption of universal healthcare, but it was the last province to implement medicare. This article examines the federal-provincial negotiations surrounding medicare in order to shed light on the scope of Robichaud’s program of Equal Opportunity, to re-evaluate the last years of the Robichaud administration, and to explore why the Progressive Conservative government of Richard Hatfield was responsible for the implementation of medicare in New Brunswick.
In the 1930s, the Métis Association of Alberta (MAA) successfully lobbied the provincial governme... more In the 1930s, the Métis Association of Alberta (MAA) successfully lobbied the provincial government to establish a royal commission to inquire into the socio-economic conditions affecting the Métis living in Alberta. The MAA strongly advocated that land be set aside so that the Métis could continue to pursue their traditional economic livelihoods of hunting, trapping, and fishing. Following the recommendation of the Ewing Commission, the provincial government passed the 1938 Metis Population Betterment Act, which provided for Métis land settlements. These lands represent the first time in Canadian history that a provincial government set aside land in response to Métis claims. The MAA and provincial government both agreed on the land grant, but for different reasons. The Métis were motivated by historical claims to redress failed government policies such as the Métis scrip program and to protect land rights from the further incursion of non-Aboriginal settlement. By contrast, the provincial government saw the land grant as an expedient and inexpensive way to distribute relief to one of the province's poorest populations. This paper illuminates the Alberta government's response to the political lobbying efforts of the MAA in the 1930s to address the question of why Alberta was the first (and only) Canadian province to set aside Métis land settlements.
Journal Article by Nicole O'Byrne
Indigenous leaders have long argued that meaningful self-government requires revenue from natural... more Indigenous leaders have long argued that meaningful self-government requires revenue from natural resources to fund public policy initiatives that address the needs of their people. In the Marshall decisions, the Supreme Court recognized the ongoing commercial aspect of the treaty relationship between the Crown and First Nations. In this paper, we argue that the New Brunswick tax revenue sharing agreements were a manifestation of an evolving and modern treaty relationship in which resources and revenue can be shared for the benefit of all people living in the territory. The decision to cancel the agreements signals that the provincial government fails to understand that its role in a treaty relationship requires equitable sharing of resources-a principle confirmed and amplified by the Marshall decisions. Résumé Les dirigeants autochtones soutiennent depuis longtemps qu'une autonomie réelle exige que les revenus tirés des ressources naturelles servent à financer des initiatives de politique publique qui répondent aux besoins de leur peuple. Dans les arrêts Marshall, la Cour suprême a reconnu l'aspect commercial permanent de la relation conventionnelle entre la Couronne et les Premières nations. Dans le présent document, nous soutenons que les ententes de partage des recettes fiscales du Nouveau-Brunswick étaient une manifestation d'une relation de traité évolutive et moderne dans laquelle les ressources et les recettes peuvent être partagées au profit de toutes les personnes vivant sur le territoire. La décision d'annuler les ententes indique que le gouvernement provincial ne comprend pas que son rôle dans une relation fondée sur un traité exige un partage équitable des ressources-un principe confirmé et amplifié par les décisions Marshall.
Acadiensis, Vol. 42, no. 1, pp. 150-167, 2013
Introduced as a federal-provincial cost-sharing program in the 1960s, medicare aligned ideologica... more Introduced as a federal-provincial cost-sharing program in the 1960s, medicare aligned ideologically with Premier Louis J. Robichaud’s Equal Opportunity program. New Brunswick was one of the first Canadian provinces to support the adoption of universal healthcare, but it was the last province to implement medicare. This article examines the federal-provincial negotiations surrounding medicare in order to shed light on the scope of Robichaud’s program of Equal Opportunity, to
re-evaluate the last years of the Robichaud administration, and to explore why the Progressive Conservative government of Richard Hatfield was responsible for the implementation of medicare in New Brunswick.
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Papers by Nicole O'Byrne
espoused by the followers of Social Credit, the insurance industry, and the British Columbia Medical Association. However, in order to receive cost-sharing dollars from the federal government, Bennett was eventually compelled to change the design features in order to comply with the federal government’s requirements of universality and public administration, morphing Bennettcare into Saskatchewan-style Medicare.
Natural Resources Transfer Agreements)
marked the end of lengthy battle between the
provincial governments of Saskatchewan,
Alberta, and Manitoba and the federal
government of Canada. Prior to 1930,
the provincial governments did not have
administrative control over their natural
resources and were not constitutionally equal
to the other Canadian provinces. One of the
terms of the constitutionalized agreements
provided that after the transfer, the provincial
governments would undertake all of the federal
governments’ continuing obligations to third
parties. One of these obligations was the
redemption of Métis scrip issued by the federal
government to extinguish the Métis interest in
the lands. The provinces initially refused to
accept this obligation, which led to an extensive
debate over the constitutional responsibility for
Métis scrip. The author examines this debate in
order to shed light on the nature and extent of
the constitutional obligations that were owed to
the Métis prior to their inclusion in section 35 of the
Constitution Act, 1982.
Background
In Canadian provinces with opt-out policies for maternal HIV screening, pregnant women are told HIV screening is routine and are provided with the opportunity to refuse. In Newfoundland and Labrador an opt-out screening policy has been in place since 1997.
Purpose
This research study aimed to (1) obtain an increased understanding of the information women receive about HIV/AIDS during the opt-out screening process and (2) to advance the policy related dialogue around best practices in HIV screening within the province of Newfoundland and Labrador.
Methods
Twelve women who were between 14 and 35 weeks gestation participated. Interviews were transcribed verbatim and a thematic analysis was carried out.
Findings
The major themes are that women have difficulty obtaining clear information about maternal HIV screening, are often not told they have the right to refuse maternal screening, and experience paternalism from physicians.
Conclusion
We recommend that physicians and other health care providers in be reminded that that current opt-out testing requires women's consent and that women must be given the option to refuse the test.
Journal Article by Nicole O'Byrne
re-evaluate the last years of the Robichaud administration, and to explore why the Progressive Conservative government of Richard Hatfield was responsible for the implementation of medicare in New Brunswick.
espoused by the followers of Social Credit, the insurance industry, and the British Columbia Medical Association. However, in order to receive cost-sharing dollars from the federal government, Bennett was eventually compelled to change the design features in order to comply with the federal government’s requirements of universality and public administration, morphing Bennettcare into Saskatchewan-style Medicare.
Natural Resources Transfer Agreements)
marked the end of lengthy battle between the
provincial governments of Saskatchewan,
Alberta, and Manitoba and the federal
government of Canada. Prior to 1930,
the provincial governments did not have
administrative control over their natural
resources and were not constitutionally equal
to the other Canadian provinces. One of the
terms of the constitutionalized agreements
provided that after the transfer, the provincial
governments would undertake all of the federal
governments’ continuing obligations to third
parties. One of these obligations was the
redemption of Métis scrip issued by the federal
government to extinguish the Métis interest in
the lands. The provinces initially refused to
accept this obligation, which led to an extensive
debate over the constitutional responsibility for
Métis scrip. The author examines this debate in
order to shed light on the nature and extent of
the constitutional obligations that were owed to
the Métis prior to their inclusion in section 35 of the
Constitution Act, 1982.
Background
In Canadian provinces with opt-out policies for maternal HIV screening, pregnant women are told HIV screening is routine and are provided with the opportunity to refuse. In Newfoundland and Labrador an opt-out screening policy has been in place since 1997.
Purpose
This research study aimed to (1) obtain an increased understanding of the information women receive about HIV/AIDS during the opt-out screening process and (2) to advance the policy related dialogue around best practices in HIV screening within the province of Newfoundland and Labrador.
Methods
Twelve women who were between 14 and 35 weeks gestation participated. Interviews were transcribed verbatim and a thematic analysis was carried out.
Findings
The major themes are that women have difficulty obtaining clear information about maternal HIV screening, are often not told they have the right to refuse maternal screening, and experience paternalism from physicians.
Conclusion
We recommend that physicians and other health care providers in be reminded that that current opt-out testing requires women's consent and that women must be given the option to refuse the test.
re-evaluate the last years of the Robichaud administration, and to explore why the Progressive Conservative government of Richard Hatfield was responsible for the implementation of medicare in New Brunswick.