In terms of real and personal property, Canadian law grants individuals substantial testamentary freedom in the disposition of their estate. However, in regards to human remains, Ontario has upheld the common law’s longstanding “No Property Rule,” which prevents testamentary freedom in regards to one’s bodily remains. In light of changing societal notions of property and value with respect to the human body, this article argues in favour of implementing greater testamentary freedom for individuals in regards to the disposition of their body, organs, tissue, and fluids. This article reviews alternative approaches to the testamentary disposition of human remains in Quebec and British Columbia, and highlights Ontario’s enhanced testamentary freedom regarding organ donation under the Trillium Gift of Life Network Act. As a result, this article recommends increasing and securing testamentary freedom in order to ensure that all reasonable testamentary requests regarding one’s body receive the same legal status as directions regarding traditional property objects.
Louise M. Mimnagh , "The Disposition of Human Remains and Organ Donation: Increasing Testamentary Freedom while Upholding the No Property Rule", (2017) 7:1 online: UWO J Leg Stud 3 <http://ir.lib.uwo.ca/uwojls/vol7/iss1/3>.