The appellant appealed a decision of the Consent and Capacity Board confirming a psychiatrist’s finding that the patient was incapable of consenting to or refusing treatment with antipsychotic and related medications.
The appeal concerned the statutory test for incapacity under s. 4(1) of the Health Care Consent Act and whether the Board’s findings were reasonable.
Applying the reasonableness standard from Supreme Court jurisprudence, the court held the Board reasonably concluded that the patient could not understand relevant treatment information or appreciate the consequences of refusing treatment due to a mental disorder.
The Board was entitled to rely on the psychiatrist’s evidence and aspects of the patient’s testimony demonstrating lack of insight into the illness.
No basis existed for judicial interference.
