Informed Consent in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If a Canadian Doctor Treated You Without Your Informed Consent
- 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.
How Alberta differs from federal law
Informed consent for medical treatment in Alberta is governed by common law principles and reinforced by professional standards set by the College of Physicians and Surgeons of Alberta (CPSA).
- Before any medical treatment, your healthcare provider must explain: the nature of the proposed treatment, the expected benefits and material risks, any reasonable alternative treatments (including doing nothing), and the consequences of refusing treatment. This is the standard from the Supreme Court of Canada's decision in Reibl v. Hughes.
- Consent must be voluntary — you cannot be coerced, pressured, or misled into agreeing to treatment.
- You have the right to refuse any treatment, even life-saving treatment, if you are a competent adult.
- If you are unable to consent (unconscious, mentally incapacitated), a personal directive (living will) under the Personal Directives Act, RSA 2000, c. P-6, can specify your treatment wishes. Your designated agent can make decisions on your behalf.
- For minors, the law in Alberta recognizes the "mature minor" doctrine — if a minor can understand the nature and consequences of treatment, they may be able to consent independently.
Additional Steps in Alberta
If you believe a procedure was performed without your informed consent, you can file a complaint with the College of Physicians and Surgeons of Alberta (CPSA) at 780-423-4764 or cpsa.ca. You may also have a civil claim for medical negligence. Consult a medical malpractice lawyer through the Law Society of Alberta at 1-800-661-1095. To prepare a personal directive, use the forms available from the Alberta government (alberta.ca/personal-directives).
Relevant Law: Personal Directives Act, RSA 2000, c. P-6; Reibl v. Hughes, [1980] 2 SCR 880; Health Professions Act, RSA 2000, c. H-7
Common Questions
When does informed consent 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 I do if a doctor in Canada performed a procedure without properly explaining the risks or getting my consent?
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 mistakes should I avoid with informed consent?
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.
Informed Consent in other states
Same topic, different jurisdiction. Pick the one that applies to you.