Established within the context of a severe shortage of organs and tissues for transplantation, this thesis explores whether presumed consent for cadaveric organ donation is a legitimate policy choice for Ontario. The medical, legal and social reasons underlying organ scarcity and increased demand for transplantation are examined, and the shortcomings of Ontario’s current express consent system are analyzed. The various criticisms of presumed consent are also explored, including concerns with respect to its effectiveness, level of public support and implications for personal autonomy. Although the Citizens Panel on Increasing Organ Donations recommended against enacting presumed consent legislation, it is argued that the Panel was too dismissive of this concept given a perceived lack of public support. It is concluded that presumed consent can meet the concerns of critics, and that as part of a broader strategy could significantly increase the number of cadaveric organ and tissue donors in the province.
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