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| Mary Jane Dykeman |
In October 2013, the Supreme Court of Canada confirmed that the Ontario Health Care Consent Act requires that clinicians always, always obtain consent to stop life-sustaining treatment. Cuthbertson v. Rasouli.
A Toronto health law recently wrote about cases in which brain death had been clinically confirmed. Yet, substitute decision makers suggested that Rasouli applies to their situation and consent is required to withdraw life support.
It does not for pretty much the same reason the Texas Advance Directives Act did not apply to Marlise Munoz - interventions provided to dead bodies are not "treatment."
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