This Guide assists you in navigating through the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004 and interrelated statutes.
The Seminal Book on Consent & Capacity Law
This seminal text on consent and capacity law in Ontario assists you in navigating through the four key statutes under the mandate of the Ontario Consent and Capacity Board: the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004.Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.
Features and Benefits:
• Full text of the Substitute Decisions Act, 1992, the Health Care Consent Act, 1996, the Mental Health Act, the • Personal Health Information Protection Act, 2004, and regulations and forms – All the pertinent law available in one source
• Extensive expert commentary – Overview of the law and practice, including insights into the individual Acts and how to apply them to your client’s advantage
• An overview of the Consent and Capacity Board – Get the edge you need to successfully plead your client’s case
Highlights of the 2023 Edition
• The Consent and Capacity Board's revised policy guidelines # 1 and 2, respectively entitled, “Right to Apply When Certificate of Involuntary Status or Renewal or Continuation is Renewed before the Board Renders a Decision” and “Arranging Legal Counsel for a Person who is the subject of an Application”
• Updated Commentary regarding the policies and procedures of the Consent and Capacity Board, including COVID-19 protocols
• Updated commentary on all other chapters, and in relation to all the legislation included in the Guide
• Updated case citations and commentary including analysis of dozens of new Consent and Capacity Board cases, and a review of appellate decisions from the Superior Court of Justice and Ontario's Court of Appeal
Who Will Benefit
• Health lawyers who represent parties before the Consent and Capacity Board and the courts in consent and capacity matters
• Wills and estates lawyers who advise on consent and capacity issues
• Judges and Justices of the Peace who issue orders for examination under the Mental Health Act and determine capacity issues in guardianship applications under the Substitute Decisions Act, 1992
• Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the Mental Health Act
• Doctors who are called upon to treat patients who may be incapable to consent under the Health Care Consent Act, 1996 and to complete psychiatric assessment applications
• Capacity assessors who assess the capacity of individuals in relation to property and personal care under the Substitute Decisions Act, 1992
• Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the Mental Health Act
• Consent and Capacity Board members who are called upon daily to determine issues of involuntary committal and capacity
• Community mental health agencies who provide care to persons subject to Community Treatment Orders and others
Table of contents
Commentary – Consent and Capacity Law in Ontario
Substitute Decisions Act, 1992 – Commentary, Legislation & Forms
Powers of Attorney Act – Legislation
Health Care Consent Act, 1996 – Commentary, Legislation, Forms & Related Materials
Mental Health Act – Commentary, Legislation & Forms
Personal Health Information Protection Act, 2004 – Commentary, Legislation & Forms
Child, Youth and Family Services Act, 2017 – Commentary, Legislation & Forms
Mandatory Blood Testing Act, 2006 – Commentary & Legislation
Statutory Powers Procedure Act – Commentary & Legislation
Consent and Capacity Board – Commentary, Rules of Practice, Forms & Policy Guidelines
About the Authors:
D'Arcy Hiltz, B.A., LL.B., was admitted to the Ontario Bar (1983) and has been an advocate in the field of consent and capacity matters for over 40 years, acting as counsel to individuals with mental health issues, their families and physicians. For a 10-year period (1991-2001), he was Chair of the Ontario Psychiatric Review Board (Toronto East Region), the Senior Vice Chair of the Consent and Capacity Board for Ontario and the Regional Vice Chair of the Board for Toronto. He presided over thousands of hearings involving consent and capacity matters. Mr. Hiltz has taught at the University of Toronto Faculty of Law. He has published widely and is a frequent lecturer on consent and capacity, guardianship and estate matters. Mr. Hiltz is a member of the Law Reform Commission of Ontario’s Advisory Group conducting a major review of the laws concerning legal capacity, decision-making and guardianship, and is frequently appointed to act as counsel for individuals whose capacity is in issue under guardianship proceedings. In addition to A Guide to Consent and Capacity Law in Ontario, Mr. Hiltz is also co-author of the Halsbury’s Laws of Canada volume on Mental Health Law. Mr. Hiltz maintains a law practice in Toronto focusing on mental health law, litigation, guardianship and estate matters.
Anita Szigeti practises law as the senior lawyer in her firm, Anita Szigeti Advocates. She graduated from the University of Toronto’s Faculty of Law (1990) and was admitted to the Ontario Bar (1992) and to the Nunavut Bar (2014). For nearly 10 years (1997-2006), she was the Chair of the Mental Health Legal Committee, an organization of lawyers who represent persons with mental health issues. She was a former Chair and long-time member of the Mental Health Law and Policy Advisory Committee to Legal Aid Ontario. She served as a Toronto Director and Chair of the Mental Disorder Portfolio (2013-2019) and as the Women’s Director (2020-2021) of the Criminal Lawyers’ Association (CLA). Ms. Szigeti is President of the Law and Mental Disorder Association (LAMDA), which provides continuing legal education and serves as an umbrella advocacy group to connect and support the civil and criminal mental health bars. She is a founder of, and serves as Secretary on, the Executive of Women in Canadian Criminal Defence (WiCCD). She is the only Canadian member of the Board of NARPA (the National Association of Rights Protection and Advocacy), an American organization of legal and non-legal advocates, psychiatrists and other mental health service providers, as well as individuals with lived experience of mental health issues. Ms. Szigeti is a Board member of Pilot Place Society, a high-support housing provider for clients with mental health issues in Toronto.
Ms. Szigeti was has practised mental health law exclusively since 1995 and in the process has represented thousands of individuals with serious mental health issues before the Consent and Capacity Board and the Ontario Review Board, as well as on appeals from both tribunals. Ms. Szigeti was amicus curiae in the Starson case before the Supreme Court of Canada and co-counsel to intervener groups in many of the leading cases in relation to Not Criminally Responsible accused heard by the Supreme Court of Canada on appeal from Review Board hearings. She was involved in founding the amicus curiae program for mentally disordered accused in the Court of Appeal for Ontario, where she appears frequently as counsel or amicus curiae to mentally disordered accused. She has also been counsel on many high-profile Inquests. Ms. Szigeti is a frequent lecturer on issues of mental health and the law. She was involved in both the education of, and the setting of certification standards for, lawyers who want to represent patient applicants before the Consent and Capacity Board. In addition to providing education to physicians and their counsel, she has for many years taught mental health law to families of persons with mental health issues. She also teaches Trial Advocacy at the University of Toronto, Faculty of Law. In 2018, Ms. Szigeti obtained the Certificate in Adjudication before Administrative Agencies, Boards and Tribunals from Osgoode Hall Law School and the Society of Adjudicators and Regulators. She regularly provides training to tribunals on adjudicating where mental health is an issue, including culturally competently and in a trauma-informed fashion. In addition to the Halsbury’s volume on Mental Health Law, she has also co-authored another LexisNexis textbook, A Guide to Mental Disorder Law in Canadian Criminal Justice, published in August 2020.