The appellant appealed a decision of the Consent and Capacity Board finding her incapable of consenting to psychiatric treatment under the Health Care Consent Act, 1996.
The Board had rescinded a certificate of involuntary admission but upheld the physician’s finding that the appellant lacked capacity to consent to treatment due to inability to appreciate the reasonably foreseeable consequences of refusing antipsychotic medication.
Applying the reasonableness standard of review and the test for capacity under s. 4 of the Act, the court found the Board reasonably concluded the appellant’s delusional beliefs and disorganized thinking prevented her from performing a risk–benefit analysis regarding treatment.
The court rejected arguments that the Board equated mental illness with incapacity or failed to ensure the appellant had been informed about treatment options.
The appeal was dismissed.
