Une analyse des limites inhérentes au nouveau régime des directives médicales anticipées face à l'essor du droit à l'autonomie décisionnelle du patient

Résumé : La Loi concernant les soins de fin de vie ainsi que la mise en place du régime des directives médicales anticipées sont le résultat d’une profonde transformation sociétale, guidée par l’importance grandissante du respect de l’autonomie décisionnelle des personnes et à leur droit à l’autodétermination. Au regard de ce contexte, cet essai décrit en première partie l’état du droit actuel en matière de volontés exprimées de manière anticipée, il analyse les enjeux qui s’y rapportent tout en soulevant les pistes de réflexion déjà amorcées en droit québécois. Il existe effectivement de nombreux outils qui permettent à un individu d’exprimer ses volontés en prévision de son inaptitude, mais les directives médicales anticipées se distinguent d’une façon bien précise : elles possèdent un caractère contraignant qui reconnaît la primauté des volontés relatives aux soins. Or, parallèlement à cela, le régime des directives médicales anticipées impose des limites à ce droit. Dans ce contexte d’essor du droit à l’autonomie, cet essai étudie, en seconde partie, les limites inhérentes au régime des directives médicales anticipées puis propose une analyse critique des défis liés à l’opérationnalisation clinique de ces directives.

Apprendre avec la technologie : l'impact sur l'enseignement et l'apprentissage de l’utilisation de la technologie numérique (SMARTBOARD) dans les classes

This research was devoted to gaining information on teachers? use of technology, specifically SMARTBOARD technology, for teaching and promoting learning in the classroom. Research has suggested that use of technology can enhance learning and classroom practices. This has resulted in administrators encouraging the use of SMARTBOARDS, installing them in classrooms and providing training and support for teachers to use this technology. Adoption of new technology, however, is not simple. It is even more challenging because making the best use of new technologies requires more than training; it requires a paradigm shift in teachers? pedagogical approach. Thus, while it may be reasonable to believe that all we need to do is show teachers the benefits of using the SMARTBOARD; research tells us that changing paradigms is difficult for a variety of reasons. This research had two main objectives. First, to discover what factors might positively or negatively affect teachers? decisions to take up this technology. Second, to investigate how the SMARTBOARD is used by teachers who have embraced it and how this impacts participation in classrooms. The project was divided into two parts; the first was a survey research (Part 1), and the second was an ethnographic study (Part 2). A thirty-nine item questionnaire was designed to obtain information on teachers? use of technology and the SMARTBOARD. The questionnaire was distributed to fifty teachers at two EMSB schools: James Lyng Adult Centre (JLAC) and the High School of Montreal (HSM). Part 2 was an ethnographic qualitative study of two classes (Class A, Class B) at JLAC. Class A was taught by a male teacher, an early-adopter of technology and a high-level user of the SMARTBOARD; Class B was taught by a female teacher who was more traditional and a low-level user. These teachers were selected because they had similar years of experience and general competence in their subject matter but differed in their use of the technology. The enrollment in Class A and Class B were twenty-three and twenty-four adult students, respectively. Each class was observed for 90 minutes on three consecutive days in April 2010. Data collection consisted of videotapes of the entire period, and observational field notes with a graphical recording of participatory actions. Information from the graphical recording was converted to sociograms, a graphic representation of social links among individuals involved in joint action. The sociogram data was tabulated as quantified data. The survey results suggest that although most teachers are interested in and use some form of technology in their teaching, there is a tendency for factors of gender and years of experience to influence the use of and opinions on using technology. A Chi Square analysis of the data revealed (a) a significant difference (2 = 6.031, p < .049) for gender in that male teachers are more likely to be interested in the latest pedagogic innovation compared to female teachers; and, (b) a significant difference for years of experience (2 = 10.945, p < .004), showing that teachers with ?6 years experience were more likely to use the SMARTBOARD, compared to those with more experience (>6 years). All other items from the survey data produced no statistical difference. General trends show that (a) male teachers are more willing to say yes to using the SMARTBOARD compared to female teachers, and (b) teachers with less teaching experience were more likely to have positive opinions about using the SMARTBOARD compared to teachers with more experience. The ethnographic study results showed differences in students? response patterns in the two classrooms. Even though both teachers are experienced and competent, Teacher A elicited more participation from his students than Teacher B. This was so partly because he used the SMARTBOARD to present visual materials that the students could easily respond to. By comparison, Teacher B used traditional media or methods to present most of her course material. While these methods also used visual materials, students were not able to easily relate to these smaller, static images and did not readily engage with the material. This research demonstrates a generally positive attitude by teachers towards use of the SMARTBOARD and a generally positive role of this technology in enhancing students? learning and engagement in the classroom. However, there are many issues related to the SMARTBOARD use that still need to be examined. A particular point is whether teachers feel adequately trained to integrate SMARTBOARD technology into their curricula. And, whether the gender difference revealed is related to other factors like a need for more support, other responsibilities, or a general sense of anxiety when it comes to technology. Greater opportunity for training and ongoing support may be one way to increase teacher use of the SMARTBOARD; particularly for teachers with more experience (>6 years) and possibly also for female teachers.