Dr. N. Corriveau

The moving party physician brought a motion under s. 19 of the Health Care Consent Act for authorization to administer anti-psychotic medication to the respondent pending his appeal of a Consent and Capacity Board decision.

The respondent, who was found not criminally responsible and detained at a psychiatric hospital, suffered from a delusional disorder and exhibited threatening behaviour.

The court found that the statutory criteria were met, as the respondent's condition was deteriorating, the treatment would likely improve his condition, the benefits outweighed the risks, and it was the least restrictive option.

The motion was granted.

N.J., a patient found not criminally responsible, appealed a Consent and Capacity Board decision finding him incapable of consenting to treatment for a delusional disorder.

Dr. Corriveau, N.J.'s attending physician, brought a motion under s. 19 of the Health Care Consent Act, 1996, seeking authorization to administer anti-psychotic medication pending the appeal.

The court granted the motion, finding that the statutory criteria for urgent treatment were met, including a likelihood of substantial improvement with treatment, deterioration without it, benefits outweighing risks, and the treatment being the least restrictive and necessary before the appeal's final disposition.