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A Guide to Consent & Capacity Law in Ontario, 2019 Edition

This Guide assists you in navigating through the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004 and interrelated statutes.
Publication Language: English
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$93.00
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In Stock
Published:
ISBN/ISSN: 9780433498971

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The Seminal Book on Consent & Capacity Law*
This seminal text on consent and capacity law in Ontario assists you in navigating through the four complex and interrelated statutes under the mandate of the Ontario Consent and Capacity Board: the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004.

Ontario's Consent and Capacity Board adjudicates exclusively under the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004. Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.

Features and Benefits:

  • Full text of the Substitute Decisions Act, 1992, the Health Care Consent Act, 1996, the Mental Health Act, the Personal Health Information Protection Act, 2004, and regulations and forms – Have the pertinent law available in one source
  • Extensive expert commentary – Get an overview of the law and practice and insights into the individual Acts, and apply them to your advantage
  • An overview of consent and capacity law practice and the Consent and Capacity Board – Get the edge you need to successfully plead your case

Highlights of the 2019 Edition:

  • Recent amendments to Substitute Decisions Act, 1992 from S.O. 2018, c. 6, Sched. 3, s.14
  • Recent amendments to Health Care Consent Act, 1996 from S.O. 2018, c. 8, Sched.15, s.10
  • Recent amendments to Personal Health Information Protection Act from 2018, c. 6, Sched. 3, s.11
  • Discussion of the proper role of the Consent and Capacity Board in board proceedings
  • Discussion of key recent cases such as:
    • Fleischhaker v. Attwood, [2017] O.J. No. 6286 (C.A.), where the Court of Appeal overturned the lower court’s affirmation of a CCB decision that the Appellant was incapable to consent to treatment with “psychotropic medications”
    • Woods v. Chatterjee, [2018] O.J. No. 12 (S.C.J.), concerning ability to appreciate the reasonably foreseeable consequences of a decision or lack of decision
    • Nelson v Livermore, [2017] O.J. No. 4691 (C.A.), which offers a comprehensive review of Charter challenges and other arguments put against the practice of psychiatric gating 
    • S. v Joannou, [2017] O.J. No. 4299 (C.A.), which holds that the Consent and Capacity Board lacks remedial Charter jurisdiction but can take Charter rights into account
    • S. S. v Kantor [2017] O.J. No. 5613 (C.A.) concerning the meaning of “entering into” a Community Treatment Plan
  • New Consent and Capacity Board Policy Guideline 2 (issued in Sept 2017) Ordering counsel where the subject of an application does not have legal  representation

Who Will Benefit

  • Health lawyers who represent parties before the CCB and the courts in consent and capacity matters
  • Wills and estates lawyers who advise on consent and capacity issues
  • Judges and Justices of the Peace who issue orders for examination under the MHA and determine capacity issues in guardianship applications under the SDA
  • Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the MHA
  • Doctors who are called upon to treat patients who may be incapable to consent under the HCCA and to complete psychiatric assessment applications
  • Capacity assessors who assess the capacity of individuals in relation to property and personal care under the SDA.
  • Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the MHA
  • CCB members who are called upon daily to determine issues of involuntary committal and capacity
  • Community mental health agencies who provide care to persons subject to Community Treatment Orders and others

 

Featured authors

Table of contents

Commentary – Consent and Capacity Law in Ontario
Substitute Decisions Act, 1992 – Commentary, Legislation & Forms
Powers of Attorney Act – Legislation
Health Care Consent Act, 1996 – Commentary, Legislation, Forms & Related Materials
Mental Health Act – Commentary, Legislation & Forms
Personal Health Information Protection Act, 2004 – Commentary, Legislation & Forms
Mandatory Blood Testing Act, 2006 – Commentary & Legislation
Statutory Powers Procedure Act – Commentary & Legislation
Consent and Capacity Board – Introduction, Rules of Practice, Forms & Policy Guidelines