(1/6) ARCH is alarmed to learn that the Ontario Government is considering suspending the Health Care Consent Act (HCCA) by Order in Council. The HCCA requires doctors to get consent of a patient, or the consent of a patient's family, before providing or *withdrawing* treatment.
(2/6) An Order in Council happens behind closed doors without any consultation. The public (1) does not know this is happening, (2) is not privy to the evidence considered, and (3) will not know immediately if the Order is granted. #covid19
(3/6) Granting doctors such unilateral decision-making power to withdraw care without consent is an extraordinary measure that will have long-lasting and devastating effects. This is an extreme step, and is contrary to Ontario's established legal regime. #Triage
(4/6) As the SCC stated in #Rasouli, a patient’s right to make decisions about their own body trumps all other interests, including what a doctor may think is in a patient's best interests. To suspend the laws that give effect to this right would be unconscionable.
(5/6) Suspending the HCCA places the integrity of Ontario’s legal and health care system in precarious territory and risks egregious Charter violations. This is not a measure to be taken lightly, moved on swiftly, or done in secrecy.
(6/6) Ontarians have the right to know what will happen to them if they are admitted to the hospital during the pandemic. This includes whether doctors will now be permitted to withdraw care without consent. For ARCH's full statement, go here: bit.ly/2NIKMSx
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