Michael Da Silva

Assistant Professor

Tel: tba
Office: Allard Hall, room 458
Email: dasilva@allard.ubc.ca


Michael Da Silva is completing an SJD dissertation on “Realizing the ‘Right’ to Health Care in Canada” at the University of Toronto Faculty of Law, supported by a Vanier Canada Graduate Scholarship, Canadian Institutes of Health Research. He holds a BA (Honours) in Philosophy and Contemporary Studies (with a minor in Film Studies) from the University of King’s College (Halifax), a JD from the University of Toronto and an MA in Philosophy from Rutgers University. Michael has published widely in the areas of healthcare law, bioethics, ethics, philosophy and jurisprudence.  He has also served as a researcher for the United Nations Office of Legal Affairs (Codification Division) and as law clerk in the Supreme Court of Israel.

Representative Single Author Publications

“Medicare and the Non-Insured Health Benefits and Interim Federal Health Programs: A Procedural Justice Analysis” (2017) 10(2) McGill J of Law and Health 101.

“A Goal-Oriented Understanding of the Claimed Right to Health Care and Its Implications for Future Health Rights Litigation” (2016) 39(2) Dalhousie LJ 377.

“The Role of Defenders’ Beliefs in Aggressors’ Forfeiture of Rights against Self-Defensive Force” (2016) 29(2) Ratio Juris 264.

“Offsetting the Harms of Extinction” (2015) 3 Law, Ethics, and Philosophy (LEAP) 8.

“Review Essay: Jeff King, Judging Social Rights, Cambridge University Press, 2012, ISBN 9781107 400 320, 370 pp.” (2015) 9(3) ICL Journal: Vienna Journal on International Constitutional Law 463.

“On Barbara Baum Levenbook’s ‘Harming Someone after His Death’” (2015) 125(4) Ethics 1160. [Short commentary]

“Libertarian Paternalism and the Harm Principle” (2014) 22(3) Health LR 23.

“KK and the Knowledge Norm of Action” (2014) V(3) Logos & Episteme: An International Journal of Epistemology 321.

“Public Reason and the Need to Identify State-Relevant Desert” (2014) 33(2) Criminal Justice Ethics 129.

“Quantifying Desert Prior to the Rightful Condition: Towards a Theoretical Understanding of the Provocation Defence” (2013) 26 Can JL & Juris 49.

“Trial Level References: In Defence of a New Presumption” (2012) 2(2) UWO J Legal Studies 4.

“Review Essay – Amartya Sen’s The Idea of Justice (2009)” (2010) 13 German LJ 54.

Representative Collaborative Publications

Michael Da Silva et al., “The Potential Value of the U.N. Convention in Pediatric Bioethics Settings” (2015) 58(3) Perspectives in Medicine and Biology 290.

Katherine Boydell et al, “Paediatric Physician-Researchers: Coping with Tensions in Dual Accountability” (2013) 2(3) Narrative Inquiry in Bioethics 213.

Linda Sheahan et al, “A Canadian Perspective on a Child’s Consent to Research within a Context of Family-Centred Care: From Incompatibility to Synergy” (2012) 3(1) Journal of Clinical Research & Bioethics 312 (Second Author). Revised and reprinted in Randi Zlotnik Shaul, ed, Paediatric Patient and Family-Centred Care: Ethical and Legal Issues (New York: Springer, 2014) 19.

Christine Czoli et al., “Accountability and Pediatric Physician–Researchers: Are Theoretical Models Compatible with Canadian Lived Experience?” (2011) 6 Philosophy, Ethics, and Humanities in Medicine 15.

Michael Da Silva et al., “Recruiting One’s Own Patients for Research: Consent Challenges for Paediatric Physician–Researchers” (2011) (31) Health Law Can 72.


Publications listed on the Law Library Faculty Research Publications Database.