| The equivalence of brain death and human death has been considered a 'settled' matter by some, which has been integrated with Canadian healthcare since 1968. Yet academic debate continues, and chronically low organ donor rates suggest public resistance. This paper first examines the scientific underpinnings of brain death, concluding that death results from mitochondrial failure throughout the body, rather than loss of brain function. Thus brain death is not in fact equivalent to human biological death. Legally, brain death may violate established healthcare norms of fiduciary relationships and informed consent. Brain death was adopted, and continues, via a process which is neither inclusive of, nor accountable to, Canadian patients. Serious conflicting interests and legal non-compliance are evident, with actual misdiagnoses emerging as sentinel events. To preserve public trust, there is an urgent need to re-consider the appropriate criteria of death through a more inclusive, publicly accountable process. |
