Letter to the Editor
The National Post
July 6, 2005
Protecting the Right to Refuse Treatment
RE: “Two Decades of Fighting His Demons,” June 11, 2005.
This article highlighted many important aspects of mental health care and treatment in Canada, but there is a need to clarify some of the information around consent to treatment and the rights enjoyed by all Ontarians.
As a rule, all adult individuals in the province of Ontario are considered to be capable of consenting to treatment, unless it is found otherwise. This includes treatment for a mental illness.
The Health Care Consent Act specifies a two-part test to determine capacity. The individual must understand, first, the information relevant to making a treatment decision and, second, the foreseeable consequences of a decision. In practice, an individual considering treatment must weigh the likely risks and side effects of treatment against the potential benefits. This allows them to make an informed decision.
When a person is found incapable of consenting to their own treatment, a substitute decision-maker is identified to make treatment decisions on that person’s behalf. Substitute decision-makers are guided by the law in consenting to treatment and must take into account an individual’s wishes respecting treatment before they became incapable. If the individual believes that they are capable of consenting to their own treatment and would like to challenge the finding of treatment incapacity, they can apply for a hearing before the Consent and Capacity Board, an independent body.
In the end, individuals who are capable of consenting to their own treatment are free to make any decisions regarding their treatment, even one that others may consider unwise or irresponsible. We should never believe that someone has fewer rights simply because he or she has a mental illness.
David Simpson
Acting Director
Psychiatric Patient Advocate Office
Toronto
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