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Related Experiment Videos

The right to refuse treatment: recent Canadian developments

T G Gratzer1, M Matas

  • 1University of Manitoba.

The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1994
PubMed
Summary

The right of involuntary patients to refuse mental health treatment is a contentious legal issue. Recent Canadian court decisions highlight the impact of the Canadian Charter of Rights and Freedoms on this right.

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Area of Science:

  • Mental Health Law
  • Legal Rights
  • Psychiatry

Background:

  • The right of involuntary patients to refuse treatment is a complex and debated topic in mental health law.
  • This right's recognition in American case law began in the mid-1970s.
  • Similar developments occurred in Canada following the 1982 Canadian Charter of Rights and Freedoms.

Purpose of the Study:

  • To examine the contentious issue of the involuntary patient's right to refuse treatment.
  • To analyze the legal and judicial developments in Canada concerning this right.
  • To discuss the implications for the field of psychiatry.

Main Methods:

  • Review of American case law from the mid-1970s.
  • Analysis of the Canadian Charter of Rights and Freedoms (1982).
Keywords:
Canadian Charter of Rights and FreedomsFleming v. ReidLegal ApproachMental Health TherapiesProfessional Patient RelationshipThwaites v. Health Sciences Center

Related Experiment Videos

  • Examination of changes in provincial Mental Health Acts.
  • Discussion of two key Canadian court decisions: Thwaites v. Health Sciences Center and Fleming v. Reid.

    • Main Results:

    • The recognition of the right to refuse treatment has evolved significantly in both American and Canadian legal frameworks.
    • Canadian provincial Mental Health Acts have been amended to acknowledge this right.
    • Recent Canadian court rulings demonstrate the Charter's influence on involuntary patient treatment refusal.

    Conclusions:

    • The right to refuse treatment is a critical consideration in mental health law and practice.
    • Canadian legal precedents, influenced by the Charter, are shaping psychiatric care.
    • These legal shifts have substantial implications for the practice of psychiatry and patient rights.