The Health Care Consent Act is an important piece of legislation that ensures your rights as a medical patient are protected. It's meant to protect you from abuse and violations of your human rights, dignity, autonomy, and consent.
When the patient is “capable”, it means that they are able to understand the information given to them about the treatment offered, and they can appreciate the possible consequences of the decision (or no decision) that they make.
This law states that no treatment shall be given to a capable person without their consent. Consent means that the individual understands what is being offered to them and agrees with the treatment.
Consent may be withdrawn at any time. This means you can change your mind at any point for any reason. You cannot be threatened with Children’s Aid Society or a “dead baby”, or any other form of harassment for not agreeing with a suggested treatment.
If the individual is not capable of giving consent, then a recognised substitute decision-maker will be asked for consent. This may be the individual’s partner, family member, or the parent or guardian if the patient is a minor.
In order for the consent to be considered informed, it must first meet these criteria:
Further, the Canadian Patient Bill of Rights states that persons have:
Your rights to respectful care are entrenched in law. Any abuse you suffer that leaves you feeling more like it was birth rape than welcoming your precious child can be reported to the appropriate agencies.