“… a myriad of important interests, such as the integrity of our health care system, (is) at stake.” - Cuthbertson v. Rasouli,  3 SCR 341 Introduction In October 2010, Mr. Rasouli underwent surgery at Sunnybrook Health Sciences Centre in Toronto, Ontario to remove a benign brain tumour. … [Read more...]
Bench Press 39-4: Consent is a Matter of Life and Death
The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney … [Read more...]
Bench Press 39-2: Who Calls the Shots on Treatment Orders?
A judge issued a treatment order for an accused in a psychotic state. The Crown indicated that a bed in one hospital would be available in six days. The judge ordered treatment “forthwith” at another hospital. Court services delivered the accused to the first hospital and left him in the hallway. … [Read more...]
Bench Press 38-2: Life and Death: Who Has the Final Say?
The doctors of a Toronto man who has been unconscious and on life support since 2010 want to cease active treatment and provide him with palliative care. They believe that he has no realistic chance of recovery. His family disagrees. Mr. Rasouli’s wife is his substitute decision-maker and she … [Read more...]