What is the standard of disclosure required for an experimental sterilization procedure?

In the case of a truly "experimental" procedure, like the one conducted in Halushka v. University of Saskatchewan, supra, no therapeutic benefit is intended to accrue to the participant. The subject is simply part of a scientific investigation designed to enhance human knowledge. By contrast, the sterilization procedure performed by the appellant in this case was directed towards achieving a therapeutic end. By means of a successful sterilization, the respondent could avoid the occurrence of an unwanted pregnancy and the adverse health problems associated with it. In my opinion, the silver nitrate method was experimental only in the sense that it represented an innovation in sterilization techniques which were relatively untried. According to the testimony of the respondent's expert witness, the procedure itself could not be dismissed out of hand as being medically untenable. Indeed, his primary criticism of the method appears to have been the absence of adequate clinical evaluation. To hold that every new development in medical methodology was "experimental" in the sense outlined in Halushka v. University of Saskatchewan would be to discourage advances in the field of medicine. In view of these considerations, the application of the standard of disclosure stated in the Halushka case would be inappropriate in this instance.