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Elaine Gibson

Associate Professor of Law

Schulich School of Law , Health Law Institute

Email: elaine.gibson@dal.ca
Phone: 902-494-6882
Mailing Address: 
Room 320, Weldon Law Building, 6061 University Avenue
PO Box 15000 Halifax, Nova Scotia B3H 4R2
Research Topics:
  • Health care policy
  • Health law and policy
  • Medical malpractice
  • Negligence
  • Public health law


  • LLB (Saskatchewan)
  • LLM (Toronto)


  • Advanced Negligence: Medical Malpractice (LAWS 2192)
  • Public Health Law (LAWS 2221)
  • Tort Law (LAWS 1006)

Professor Gibson will be on sabbatical leave Jan 01/16-Jun 30/16


  • 2003-13: "Facilitating Access to Health Data for Research and Planning in Light of Laws and Ethical Norms" - $719,836, Canadian Institutes of Health Research (CIHR), Co-Principal Investigator
  • 2008-09: "What Are the Notification Policies of Academic Health Care Institutions Regarding Research Uses of Personal Health Information in their Custody?"- $100,000, CIHR, Co-Investigator
  • 2007-09: "Pandemic Planning and Foundational Ethical Questions of Justice, the Common Good and the Public Interest" - $130,347, CIHR, Co-Investigator

Selected awards and honours

  • 2005 - 2006: Recipient of the Law Commission of Canada/Social Sciences and Humanities Research Council Virtual Scholar in Residence Award

Selected publications

  • International Perspectives on Regulation of Patient Safety in the Emergency Care Setting" in Pat Croskerry, Karen S. Cosby, Stephen Schenkel, and Robert Wears, eds., Patient Safety in Emergency Medicine (Lippicott Williams and Wilkins, 2009) 351-356.
  • "Who's Minding the Shop? The Role of Canadian Research Ethics Boards in the Creation and Uses of Registries and Biobanks" BMC Medical Ethics 9 (2008) 17-23 (with Kevin Brazil, Michael D. Coughlin, Claudia Emerson, Francoise Fournier, Lisa Schwartz, Karen V. Szala-Meneok, Karen M. Weisbaum, and Don Willison.
  • "Publication of Case Reports: Is Consent Required?" Journal of Paediatrics and Child Health 13:8 (2008) 666-667.
  • "Public Health Information Privacy and Confidentiality" in Tracey M. Bailey, Timothy Caulfield and Nola M. Ries, eds., Public Health Law & Policy in Canada, 2nd ed. (Lexis/Nexis, 2008) 91-132.
  • "Guiding Patrons to Online Health Informaton: Can Librarians be Found Liable?" Canadian Journal of Information and Library Science 31:2 (2008) 179-196 (with Jan Sutherland).

Service & activity

  • 2009: Standing Committee on Social Affairs, Science and Technology, Witness Critique of Bill C-11, Human Pathogens and Toxins Act
  • 2009: Standing Committee on Health, House of Commons Committee, Witness Critique of Bill C-11, Human Pathogens and Toxins Act
  • 2004 - 2008: Canadian Institutes of Health Research, Institute for Health Services and Policy, Research Advisory Board
  • 2006 - 2008: Canadian Institutes of Health Research, Institute Advisory Board Ethics Designates Committee
  • 2005 - 2008: Public Health Law Improvement Network
  • 2004: Standing Committee on Health, House of Commons Committee, Witness Critique of Bill C-12, An Act to Prevent the Introduction and Spread of Communicable Diseases