Appeal from the Consent and Capacity Board arising from a finding that the appellant met the criteria for involuntary patient status under the Mental Health Act.
The appellant no longer challenged the involuntary admission criteria but sought Charter relief based on an alleged non-consensual injection administered while detained, including a declaration under s. 7 and rescission of a certificate of renewal nunc pro tunc.
The court held the declaration could not be granted because it had not been properly raised before the Board or in the notice of appeal and would be procedurally unfair on the existing record.
The rescission issue was moot because the appellant had been discharged and the certificate had expired.
In any event, the requested remedy lacked the necessary nexus to the statutory issue before the Board.
