Acts and Regulations

M-10 - Mental Health Act

Full text
Rights in relation to treatment
8.4(1)Subject to subsections (2) and (3), an involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is mentally competent to give or refuse to give consent in relation to treatment has a right not to be given psychiatric or other medical treatment if the patient does not give consent to the treatment.
8.4(2)Routine clinical medical treatment and other psychiatric treatment may be given without consent to an involuntary patient referred to in subsection (1) if a tribunal or review board makes an order authorizing the giving of the treatment.
8.4(3)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without consent to an involuntary patient referred to in subsection (1) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(4)An involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is not mentally competent to give or refuse to give consent in relation to treatment has a right not to be given routine clinical medical treatment or other psychiatric treatment unless a tribunal or a review board makes an order authorizing the giving of the treatment.
8.4(5)Subject to subsection (6), an involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is not mentally competent to give or refuse to give consent in relation to treatment has a right not to be given medical treatment that is not routine clinical medical treatment or other psychiatric treatment unless consent to the treatment is given on behalf of the involuntary patient in accordance with section 8.6.
8.4(6)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without a consent given in accordance with section 8.6 on behalf of an involuntary patient referred to in subsection (5) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(7)An involuntary patient who has not reached the age of sixteen years has a right not to be given routine clinical medical treatment or other psychiatric treatment unless a tribunal or a review board makes an order authorizing the giving of the treatment.
8.4(8)Subject to subsection (9), an involuntary patient who has not reached the age of sixteen years has a right not to be given medical treatment that is not routine clinical medical treatment or other psychiatric treatment unless consent to the treatment is given on behalf of the involuntary patient in accordance with section 8.6.
8.4(9)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without a consent given in accordance with section 8.6 on behalf of an involuntary patient referred to in subsection (8) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(10)If there is a conflict between any provision of this section and any provision of the common law or of any other Act or regulation relating to the right to give or refuse to give consent in relation to medical treatment, or relating to a procedure for dispensing with such consent, the provisions of this section prevail.
1989, c.23, s.5