Appeal dismissed; patient with bipolar disorder found capable of refusing psychiatric medication to preserve scientific work.
The appellants, two psychiatrists, appealed a Superior Court decision that set aside a Consent and Capacity Board finding.
The Board had found the respondent, who suffers from bipolar affective disorder, incapable of making his own treatment decisions regarding psychiatric medication.
The Court of Appeal dismissed the appeal, holding that the respondent was capable of understanding the relevant information and appreciating the reasonably foreseeable consequences of refusing treatment.
The Court emphasized that the respondent's refusal was based on a rational evaluation of the medication's negative impact on his scientific research, and that his decision, even if against his best interests, was protected by the Health Care Consent Act and section 7 of the Charter.
Judicial review of coroner's decision denying public interest standing at inquest dismissed.
The applicant coalition sought judicial review of a coroner's decision denying them standing at an inquest into the death of a psychiatric patient.
The Divisional Court dismissed the application, finding the coroner made no serious error in principle in applying the tests for direct interest and public interest standing.
The court also rejected the applicant's argument that they were denied procedural fairness by not receiving the coroner's full brief prior to the standing hearing.
