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PoPulationand Public HealtH etHics

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esearch<br />

Many different parties have an interest in this case. They include: the ReB<br />

and the population of the country, which has a primary obligation to safeguard<br />

and protect the interests of participants and is ultimately accountable<br />

to the comunity served; the complainant, Jonathan Bleau, who participated<br />

in the biobank for cancer research and is opposed to the decision of the<br />

ReB; other participants in the biobank, whose positions and preferences in<br />

this situation are unknown; a researcher in infectious diseases who feels<br />

that a rapid access to materials in the biobank would give him or her the<br />

best opportunity to contribute to the control of the infection that resulted<br />

in the public emergency; the university with which the biobank is affiliated<br />

and that supports the ReB; population of the country, which is facing<br />

a newly emerging and serious infectious disease. In this case, the ReB is<br />

the most appropriate decision maker.<br />

The public health ethics issues<br />

This case is concerned with the ethics of research involving human participants.<br />

Because the decision discussed in the case does not involve a single<br />

individual but a class of participants and a community at large, we are in<br />

the domain of public health ethics. Several distinct issues can be recognized:<br />

» Respect for autonomy: The overarching principle of ethically sound<br />

research with human subjects is respect for persons. This principle<br />

incorporates the moral obligation of respect for autonomy. The most<br />

important mechanism protecting autonomy is free, informed and<br />

ongoing consent of research participants. 1 (Chapter 3) In this particular<br />

case, participants (one of them being Jonathan Bleau) enrolled in a<br />

biobanking project called PreHealth. They consented to participate<br />

only in cancer research. Because research participation ought to be<br />

a matter of choice and not an obligation, the use of their data and<br />

samples for research on an infectious disease would normally require<br />

another consent.<br />

» The role of research in promoting the common good: Research<br />

is an important societal enterprise that not only expands knowledge<br />

but also produces common good and enhances the well being of people.<br />

ReBs, while protecting participants, also serve “the legitimate<br />

requirements of the research.” 1 (Chapter 1B) In Canada, where a consensus<br />

supports caring for each other by using public funds to pay for the<br />

PoPulation anD <strong>Public</strong> <strong>HealtH</strong> <strong>etHics</strong><br />

36

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