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Medical Treatment Without Consent

Generally you have the right to refuse any medical treatment.

You can also refuse any medical treatment by indicating so in a health care directive.

You can be treated without your consent if you have been certified as mentally incompetent, or have certain communicable diseases such as tuberculosis or hepatitis C.

In other situations, if a health care provider gives you any treatment against your will, you may want to file a complaint or you may be able to sue the health care provider in court. In extreme circumstances, it may also be viewed as a criminal act.

Can I refuse treatment for my young child?

If your child is too young to consent to medical treatment, you may consent to or refuse treatment on the child's behalf. If you are refusing to consent to life-saving treatment, however, a social worker or peace officer may decide that the child is in need of protection and may apprehend your child under The Child and Family Services Act. In these situations, parents should consult with a lawyer. A court will hear arguments for and against treatment and decide the issue. If the court decides that the child is in need of protection, the Minister of Social Services stands in the position of the parent and is able to consent to treatment on behalf of your child.

Urgent Medical Treatment

There are laws that allow heath care providers to provide emergency care without your consent and to allow your nearest relative to consent for you if you cannot consent for yourself.

Mental Health Services

Just like other medical treatment mental health services can generally only be provided if you consent. If you need mental health treatment and are unwilling or unable to ask for help the law allows you to be examined, admitted to a mental health services centre and treated without your consent in certain situations.

Reportable Communicable Diseases

Some contagious diseases can cause serious health issues or even death. because they spread and have serious consequences the law requires certain action to be taken by health

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About PLEA

PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.