Canadians have craved certainty as to the process to be followed when intervention is demanded that physicians are not prepared to offer or to continue to offer, even if it prolongs life, because it is considered to be otherwise non-beneficial. The Supreme Court of Canada (SCC), in its October 2013 judgment in Cuthbertson v. Rasouli, provided a narrow answer based on only Ontario's statutory regime and a specific set of facts.
View Article and Find Full Text PDFInt J Law Psychiatry
October 2010
In this paper, the authors (two clinicians with specialized practices in child and adolescent eating disorders and a lawyer who practices health law in Ontario, Canada) review pertinent aspects of clinical capacity assessment, with elaboration of the specific unique and complex issues which shape that assessment in children and adolescents with eating disorders. The relevant Ontario legislation and institutional framework governing consent and capacity in children and adolescents are reviewed. The literature on involuntary treatment and consent and capacity in patients with eating disorders is reviewed.
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