Case considered: V.A.H. v. Lynch, 2009 ABCA 221, overturning V.A.H. v. Lynch, 2008 ABQB

PDF version: When No Means Yes: Voluntary Withdrawal of Consent to Medical Treatment

The V.A.H. case draws attention to the challenge of determining what actions on the part of a patient constitute withdrawal of consent to medical treatment, specifically in situations where the patient is receiving psychiatric treatment. In Alberta, patients can be admitted to psychiatric facilities on either a voluntary or involuntary basis. Voluntary patients are considered to have the capacity to consent to treatment and are able to discharge themselves against medical advice. Involuntary patients are admitted under the Mental Health Act (MHA), R.S.A. 1980, c. M-13 and the issue of consent is more complex. This post deals only with voluntary patients.

(more…)

Case considered: Lycka v. Alberta (Information and Privacy Commissioner) and Jane Doe, 2009 ABQB 245

PDF version: Has a recent Queen’s Bench decision put the damper on future complaints of privacy breaches in Alberta, especially in the health care setting?

A Court of Queen’s Bench decision on April 20th to quash orders of the province’s Information and Privacy Commissioner (the Commissioner) should prove to be of little, if any, persuasive value outside of Alberta. However, in this province, it may be accorded weight - even precedential value since the decision has not been appealed - that it does not deserve. As a result of Lycka v. Alberta (Information and Privacy Commissioner) and Jane Doe, the name of a person who complains to the Commissioner of a breach of privacy must be disclosed to the party alleged to have committed the breach. Consequently, Alberta residents may be reluctant to bring forward complaints about privacy breaches, especially when physicians are on the other side.

(more…)