Limits to Treatment: Ethical and Charter Considerations (From Insights Into Violence in Contemporary Canadian Society, P 324-328, 1987, James M MacLatchie, ed. -- See NCJ-122437)

• NCJ Number: 122478
• Author(s): T Keyserlingk
• Date Published: 1987
• Length: 5 pages
• Sale Source: John Howard Soc of Canada
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada
• Note: *This document is currently unavailable from NCJRS.

Annotation

Section 15 of Canada's Charter of Rights and Freedoms guarantees the principle of autonomy in ensuring a person's right to refuse physical or psychological treatment; exceptions to the exercise of this right must be carefully monitored to ensure they do not undermine the right.

Abstract

In common law, which applies in Provinces other than Quebec, this right tends to be much more absolute than it does in civil law. Under common law, the right cannot be contravened so long as the person is legally competent and understands what is involved. In civil law, on the other hand, the right to refuse treatment can be limited on the ground that a person's refusal of treatment would undermine that person's autonomy and individualization. Under the exceptions of both common law and civil law, there may be a tendency for professional counselors and others in authority to assume they know what is best for the person. Those involved in treatment tend to assume that treatment is better for the individual than nontreatment. The structure for enforcing section 15 of the Charter of Rights and Freedoms should ensure that any review of a person's refusal of treatment is weighted toward upholding the principle of the person's autonomy in making all decisions regarding treatment.