Informed Consent

Source: Provincial health consent legislation; Reibl v. Hughes [1980] 2 SCR 880; Hopp v. Lepp [1980] 2 SCR 192

Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.

Canadian Federal Law

What is this right?

Before any treatment, you have the right to receive clear information so you can make an informed decision. This includes:

  • The nature of the treatment
  • Expected benefits
  • Material risks and side effects
  • Alternatives, including doing nothing
  • The consequences of refusing treatment

Your consent must be voluntary — no one can pressure you into a decision. Capacity is assessed per decision, meaning you may be considered capable of consenting to one treatment but not another.

If you are found incapable, a substitute decision-maker (SDM) steps in. SDMs follow a ranked hierarchy: guardian, power of attorney for personal care, spouse, then adult child.

In a genuine emergency, a doctor can treat you without consent if you are incapable and no SDM is available.

When does it apply?

  • Every patient in Canada, regardless of age or status.
  • Applies to any proposed treatment, procedure, diagnostic test, hospital admission, or research study.

What should you do?

  • Ask questions — you have the right to understand your treatment fully before agreeing.
  • Request written information about your diagnosis, treatment options, and risks.
  • Designate a power of attorney for personal care while you are still capable, so your wishes are respected if you become incapable.
  • Create an advance directive outlining what treatments you do or do not want in the future.
  • Contact a patient ombudsman if you believe your right to informed consent was violated.

What should you NOT do?

  • Don't sign consent forms without reading them — take the time to understand what you're agreeing to.
  • Don't assume silence is consent — consent must be clearly given.
  • Don't let anyone rush you into a decision (except in genuine emergencies where delay could be life-threatening).
  • Don't forget you can withdraw consent at any time — even after you've signed a form, you can change your mind before or during treatment.

You came here to know your rights — help someone else know theirs.

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