Académique Documents
Professionnel Documents
Culture Documents
R. Solomon, Professor
The Faculty of Law
Western University
Consent Forms.
Capacity
p y to Consent to Personal Care.
10/6/2014
Introduction
27
10/6/2014
At one time,
ti
physicians
h i i
h d a therapeutic
had
th
ti privilege
i il
t
to
withhold information from patients if they believed that
disclosure would undermine the patients morale, such that
the patient would not have needed the essential treatment.
30
10/6/2014
10/6/2014
34
10/6/2014
However, the
H
h Supreme
S
C
Court
off Canada
C d limited
li i d battery
b
actions in 1980 to cases in which the patient:
did not consent at all;
the consent was exceeded; or
the consent was obtained fraudulently.
36
10/6/2014
Reid v. Maloney.
37
10/6/2014
R C.
Re
C (adult:
( d lt refusal
f l off medical
di l treatment).
t t
t)
Neto v. Klukach.
39
10/6/2014
42
10/6/2014
Park v. Park.
43
C. v. Wren.
Re Dueck.
44
10
10/6/2014
Education Act.
Parental consent in writing is required for IQ or
personality testing of a student who is under 18.
The Education Act does not p
prevent schools from
providing any other type of treatment, assessment,
referral, or counselling to competent students regardless
of age.
Both student and parent, if student is under 18, have a
statutory right to access the students Ontario Student
Record.
46
11
10/6/2014
Consent forms.
47
48
12