BCLI & CCEL Issue Study Paper On Health Care Consent and Capacity Assessment Tribunals

9 June 2021

By Greg Blue, Q.C.

BCLI and CCEL have released the Study Paper on Health Care Consent and Capacity Assessment Tribunals, which examines informal tribunals operating in Canada and Australia that review findings of mental incapacity to consent to health care or admission to a care facility and resolve disputes about substitute decision-making in health care.

The study paper follows a recommendation made in the earlier CCEL Report Conversations About Care calling for robust research into non-court mechanisms for providing a realistically accessible route to independent review of incapacity findings. It provides an informational foundation for BC policymakers and legislators to consider the merits of re-creating a health care and capacity review board in BC. The study paper was made possible by a project grant from the Law Foundation of BC.

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