Informed Consent in Manitoba
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 Manitoba differs from federal law
Informed consent is a legal and ethical requirement for all medical treatment in Manitoba, rooted in common law and reinforced by professional standards.
- Before any medical treatment or procedure, your healthcare provider must explain: the nature of the treatment, the expected benefits, the material risks and side effects, alternative treatments (including no treatment), and the consequences of refusing.
- You have the right to ask questions and receive answers in language you can understand before making a decision.
- Consent must be voluntary — no one can force you to accept treatment (except in specific situations under mental health legislation).
- Under Manitoba's Health Care Directives Act, CCSM c. H27, you can create an advance directive (living will) that states your wishes about future medical treatment if you become unable to make decisions.
- If you are unable to consent (unconscious, incapacitated), a substitute decision-maker can consent on your behalf — typically a family member or a person designated under your health care directive or power of attorney.
Additional Steps in Manitoba
If you feel a medical procedure was performed without your informed consent, you can: file a complaint with the College of Physicians and Surgeons of Manitoba at 204-774-4344, contact the Manitoba Patient Advocate, or consult a lawyer about a potential civil claim for battery or negligence. To create an advance directive, use the forms available from Manitoba Health or consult a lawyer.
Relevant Law: Health Care Directives Act, CCSM c. H27; Regulated Health Professions Act, CCSM c. R117; Common law (Reibl v. Hughes, [1980] 2 SCR 880)
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.