Acts and Regulations

M-10 - Mental Health Act

Section 8.11
Disposition versions

Full text
Order authorizing the giving of routine clinical medical treatment without consent
8.11(1)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has not reached the age of sixteen years, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the treatment is in the best interests of the person, and
(c) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(2)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the person was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(ii) is not current,
(iii) does not apply to the person’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the person was mentally competent to give or refuse to give consent,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(3)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(4)In forming an opinion under subsection (1), (2) or (3) as to the best interests of a person, the tribunal shall have regard to
(a) whether or not the mental condition of the person will be or is likely to be substantially improved by routine clinical medical treatment,
(b) whether or not the mental condition of the person will improve or is likely to improve without routine clinical medical treatment,
(c) whether or not the anticipated benefit from the routine clinical medical treatment outweighs the risk of harm to the person, and
(d) whether or not routine clinical medical treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.11(5)An order made under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2
Order authorizing the giving of routine clinical medical treatment without consent
8.11(1)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has not reached the age of sixteen years, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the treatment is in the best interests of the person, and
(c) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(2)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the person was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(ii) is not current,
(iii) does not apply to the person’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the person was mentally competent to give or refuse to give consent,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(3)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(4)In forming an opinion under subsection (1), (2) or (3) as to the best interests of a person, the tribunal shall have regard to
(a) whether or not the mental condition of the person will be or is likely to be substantially improved by routine clinical medical treatment,
(b) whether or not the mental condition of the person will improve or is likely to improve without routine clinical medical treatment,
(c) whether or not the anticipated benefit from the routine clinical medical treatment outweighs the risk of harm to the person, and
(d) whether or not routine clinical medical treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.11(5)An order made under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2