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In most cases, you have the right to refuse any medical treatment. There are some situations, however, where your consent is not required.
There are a few situations where health care professionals do not need your consent before treating you. These include:
In normal cases, health care providers are not allowed to treat you against your will. If that does happen, you may want to file a complaint. You may also be able to sue the health care provider in court. In extreme circumstances, treating you against your will can be viewed as a criminal act.
There may be a time where you need immediate treatment, but you are unable to consent. You could be unconscious, for example. In this case, the law implies that you consent to treatment. This allows a health care provider to give you treatment to save your life even without your express consent.
However, if you expressly refuse to give consent, health care providers should not give that treatment, even in an emergency. For example, some people carry a card indicating that they do not want to receive certain medical treatments, even if it would save their life.
There are also times when a relative can provide consent for you. If you are not able to consent to treatment and have not prepared a health care directive, your nearest relative may consent on your behalf. Your nearest relative is determined in the following order and includes relatives by adoption:
When it comes to mental health, health care professionals still require your consent before treating you in most cases. People who are suffering from a mental illness are sometimes unable or unwilling to ask for help.
In exceptional circumstances, the law allows for people to receive mental health treatment without their consent. In these cases, The Mental Health Services Act provides a number of safeguards. These ensure that the individual's rights are protected while still protecting their safety and wellbeing.
In some cases, the law allows a person to be examined against their will by a psychiatrist. This can happen, for example, if:
If you are required to have a psychiatric examination, you must immediately be:
It is also possible to have an individual admitted to a special mental health unit and held there against their will. This can happen if:
To obtain a medical certificate, at least one psychiatrist and one other doctor must certify that:
If it is not possible to have two doctors sign, then one doctor can sign it. In this case, the medical certificate can only last for up to 3 days. Otherwise, the person can be held for up to 21 days on a certificate. These certificates may be renewed for further 21-day periods as needed.
If your mental illness prevents you from understanding that you require treatment, and you will not give your consent, you may be treated without your consent. This can only be done if you are:
Community treatment orders are used when someone needs treatment and will not consent but does not need to be hospitalized for the treatment.
There are official mental health representatives with special knowledge of the law. They are available at any time to individuals who may be facing examination or treatment against their will. Review panels and other special protections are also in place. More information about this issue is available from Mental Health Services.
Certain diseases are a threat to public safety because they can spread from person to person and can cause serious health problems or even death. The law requires certain action to be taken when someone is diagnosed with one of these diseases.
Under the federal Quarantine Act, people entering or leaving Canada may be detained. Quarantine officers can do this if they believe the person may have been exposed to an infectious disease. The traveller will then be required to undergo a medical examination. After this, the officer may order the traveller to follow treatment measures.
In Saskatchewan, The Public Health Act, 1994 deals with infectious diseases. It treats them differently depending on whether they are classified as a category I or II disease.
Category I includes diseases such as:
The following people must report suspected cases of these diseases to Public Health within 48 hours:
Parents who think their children may have one of these diseases should contact Public Health to ensure proper follow-up and help control the spread of disease.
Category II includes diseases such as:
Anyone who suspects that they have been exposed or infected with a category II disease must consult a health care provider without delay.
If you are diagnosed with a category II disease, you must:
In most cases, public health officers cannot name the source of the exposure.
If you want to be tested for HIV, you can go to an anonymous testing clinic. Anonymous testing takes place in special clinics where you are not asked for your name or proof of identity. You will be assigned an anonymous number and only you will know the results of your test. Your test number, but not your name, will be reported if you test positive for HIV.
Public health officers may order people to do or not do certain things to decrease or eliminate the health risks infectious diseases pose. A person may be required to:
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!