Dr. Omoseni, the treating physician, brought a motion under s. 19(1) of the Health Care Consent Act for an order to administer intravenous anti-psychotic medication to R.E. (a 60-year-old patient with a history of psychotic illness) pending the final resolution of R.E.'s appeal of a Consent and Capacity Board decision.
The Board had confirmed R.E.'s involuntary status and incapacity to consent to treatment.
The court considered the four criteria under s. 19(2) of the Act: likelihood of substantial improvement/prevention of deterioration, benefit outweighing harm, least restrictive/intrusive treatment, and necessity of treatment before appeal resolution.
While the first two criteria were met, and the third was less certain but leaning towards met, the court found that it was not necessary to administer the treatment before the appeal, which was only 22 days away.
The motion was dismissed, emphasizing the profound infringement on a patient's rights when forced treatment is ordered.
