Informed Consent — Quebec
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, the law requires the doctor to give you enough information to make a real decision. The Supreme Court's Reibl v. Hughes (1980) and Hopp v. Lepp (1980) anchor this duty in Canadian law. The information has to cover:
- The nature of the treatment
- Expected benefits
- Material risks and side effects
- Alternatives, including doing nothing
- The consequences of refusing
Consent must be voluntary. Pressure invalidates it. And capacity is judged per decision — you can be capable of consenting to one treatment and not another, on the same day.
If you're found incapable, a substitute decision-maker (SDM) steps in. The hierarchy runs: guardian, power of attorney for personal care, spouse, adult child. The SDM's job isn't to do what they'd want — it's to do what you would have wanted.
In a genuine emergency, a doctor can treat without consent if you are incapable and no SDM is available. That carve-out is narrow.
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. Persistently. You have the right to understand the treatment before agreeing.
- Request written information on your diagnosis, options, and risks.
- Designate a power of attorney for personal care while you're still capable. Future-you will thank present-you.
- Create an advance directive for the treatments you do or don't want.
- If you believe your consent rights were violated, contact a patient ombudsman for the province.
What should you NOT do?
- Don't sign consent forms without reading them. Take the time. The form is the record.
- Don't assume silence is consent. The doctor needs a clear yes.
- Don't let yourself be rushed outside genuine emergencies where delay would be life-threatening.
- Don't forget you can withdraw consent at any time — even after you've signed, even mid-procedure where it's safe to stop.
How Quebec differs from federal law
Informed consent for medical treatment in Quebec is governed by the Civil Code of Quebec, which provides a comprehensive framework rooted in civil law principles rather than common law.
- Under articles 10 and 11 of the CCQ, no one may be subjected to care without their free and enlightened consent. This applies to all medical treatment, examinations, surgeries, and procedures.
- The healthcare provider must explain the nature of the proposed treatment, its expected effects, associated risks, and alternatives (including the option of no treatment) in terms the patient can understand.
- For minors under 14, consent is given by the parent or guardian. For minors 14 and older, the minor can consent to their own care (article 14 CCQ), except in cases where the care is not required by the minor's state of health, in which case parental consent is also needed.
- If a patient is incapable of giving consent (for example, due to unconsciousness or mental incapacity), consent may be given by the patient's mandatary, tutor, curator, or close relative, depending on the situation (articles 15-16 CCQ).
- A patient can refuse treatment at any time, even if the refusal could lead to serious consequences. Quebec courts have upheld this right, including the right of competent adults to refuse life-saving treatment.
- Quebec recognizes advance medical directives (directives medicales anticipees), which allow a person to give or refuse consent to specific medical treatments in advance, in case they become unable to express their wishes (Act respecting end-of-life care, CQLR c S-32.0001).
Additional Steps in Quebec
Before any treatment, ask your healthcare provider to explain all options and risks in plain language. You can take time to decide — you are not required to consent on the spot. If you wish to prepare advance directives, you can register them with the RAMQ through the online advance medical directives registry or at a RAMQ office. Consult a notary for a protection mandate if you want to designate someone to make healthcare decisions for you.
Relevant Law: Civil Code of Quebec, arts. 10-25 (integrity of the person); Act respecting end-of-life care (CQLR c S-32.0001); Act respecting health services and social services (CQLR c S-4.2)
Common Questions
What is the informed consent right in Canada?
Before any treatment, the law requires the doctor to give you enough information to make a real decision. The Supreme Court's Reibl v. Hughes (1980) and Hopp v. Lepp (1980) anchor this duty in Canadian law. The information has to cover:The nature of the treatmentExpected benefitsMaterial risks and side effectsAlternatives, including doing nothingThe consequences of refusingConsent must be voluntary. Pressure invalidates it. And capacity is judged per decision — you can be capable of consenting to one treatment and not another, on the same day.If you're found incapable, a substitute decision-ma...
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. Persistently. You have the right to understand the treatment before agreeing.Request written information on your diagnosis, options, and risks.Designate a power of attorney for personal care while you're still capable. Future-you will thank present-you.Create an advance directive for the treatments you do or don't want.If you believe your consent rights were violated, contact a patient ombudsman for the province.
What mistakes should I avoid with informed consent?
Don't sign consent forms without reading them. Take the time. The form is the record.Don't assume silence is consent. The doctor needs a clear yes.Don't let yourself be rushed outside genuine emergencies where delay would be life-threatening.Don't forget you can withdraw consent at any time — even after you've signed, even mid-procedure where it's safe to stop.
Informed Consent in other states
Same topic, different jurisdiction. Pick the one that applies to you.