702 THE ADVOCATE
VOL. 79 PART 5 SEPTEMBER 2021
independent review of assessments of mental incapacity to consent to or
refuse health care and care facility admission, and to swift resolution of disputes
surrounding substitute health care decision making.
This work was funded by the Law Foundation of British Columbia. The
need for this research was identified in an earlier CCEL report, Conversations
About Care: The Law and Practice of Health Care Consent for People Living
with Dementia in British Columbia, another project funded by the Law
Foundation.6 The study paper is available on the BCLI/CCEL website at
<www.bcli.org>.
ENDNOTES
1. Online: <www.bcli.org/publication/10-study-paper-
on-health-care-consent-and-capacity-assessment-
tribunals>.
2. Deemed consent to psychiatric treatment on the part
of involuntary patients under s 31(1) of the Mental
Health Act, RSBC 1996, c 288 is outside the scope of
the study paper. It is the subject of at least one other
current law reform initiative being conducted by
another organization.
3. RSBC 1996, c 181, s 33.4.
4. The right to control bodily integrity through giving or
withholding informed consent to health care is
encompassed and protected by the right not to be
deprived of liberty or security of the person except in
accordance with the principles of fundamental justice
under s 7 of the Charter: Carter v Canada (Attorney
General), 2015 SCC 5 at para 67.
5. A/RES/61/106. Canada ratified the convention
with a reservation concerning the requirement of art
12, which requires measures restricting the exercise
of legal capacity to be subject to “regular” review.
6. Online: <www.bcli.org/publication/conversationsabout
care-the-law-and-practice-of-health-careconsent
for-people-living-with-dementia-in-british-
columbia-full-report>.
Practice Restricted To WCB
Sec. 257 Determinations, Opinions and Court Applications on referral
______________________ 778-426-4455 ______________________
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Vahan A. Ishkanian
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• Cell 250-508-6336 • Fax: 250-544-0728 • E-mail: vishkanian@wcbbclawyer.com
/www.bcli.org
/10-study-paper-on-health-care-consent-and-capacity-assessment-tribunals
/10-study-paper-on-health-care-consent-and-capacity-assessment-tribunals
/10-study-paper-on-health-care-consent-and-capacity-assessment-tribunals
/10-study-paper-on-health-care-consent-and-capacity-assessment-tribunals
/conversations-about-care-the-law-and-practice-of-health-care-consent-for-people-living-with-dementia-in-british-columbia-full-report
/conversations-about-care-the-law-and-practice-of-health-care-consent-for-people-living-with-dementia-in-british-columbia-full-report
/www.bcli.org
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/conversations-about-care-the-law-and-practice-of-health-care-consent-for-people-living-with-dementia-in-british-columbia-full-report
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