We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Ontario Court of Appeal judgment clarifies what constitutes a ‘treatment impasse’ 

Thursday, March 23, 2017 @ 8:00 PM | By Michael Benedict

A forensic psychiatric hospital review board can’t “throw up its hands” when faced with a not criminally responsible patient who refuses treatment, the Ontario Court of Appeal has ruled.

Even if it is “clear on the evidence that the appellant’s mental illness has posed a serious obstacle to treatment…the review board is obliged to go further,” the court found in Gonzalez (Re) 2017 ONCA 102. As a result, it ordered the Ontario Review Board to conduct a new hearing for Gustavo Gonzalez “as soon as practically...