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Tag Archives: consent

Abraham Cherrix: At The Intersection of Law, Health, and the Right to Self-Determination

Posted in Health / Medical, In the News
Ian Hull and I recently blogged about informed consent in the context of Ontario’s Health Care Consent Act 1996.  As discussed in that blog, contrary to widespread belief, there is no age of consent in Ontario.   Instead, the principles of capacity (to consent to treatment) are applied, as per s. 4 (1) of the … Continue Reading

Organ Donation: Will P.E.I. Be The First Province to Wade Into the Presumed Consent Waters?

Posted in Estate & Trust, Ethical Issues, General Interest, Health / Medical, In the News
Across Canada, there currently exists an ‘opt-in’ framework for organ donation. Also known as ‘express consent’, this framework is defined by the presence of an explicit mechanism (e.g. signing of a donor card or registration with a regional organ donation society) by which one makes their wishes known. Our least populated province may be the … Continue Reading

Challenging Decisions of the Consent and Capacity Board

Posted in Capacity, Estate & Trust
The basic principle governing health care treatment of patients is that treatments should not be administered in the absence of the patient’s consent, or where the patient is incapable the patient’s substitute decision-maker: section 10 of Ontario’s Health Care Consent Act ("HCCA").  The onus is on the health practitioner to decide whether the patient is capable and can give consent.  … Continue Reading

The Good Government Act, 2009

Posted in Estate & Trust
On December 15, 2009, the Good Government Act, 2009 received royal assent. This statute amended or repealed over 300 pieces of legislation, ranging from the Accumulations Act to the Off-Road Vehicles Act. There are various amendments that should be of particular interest to those of us who practice estate, capacity and trust litigation. The Crown Administration of … Continue Reading
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