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Ontario Court of Appeal rules on Consent and Capacity Board's jurisdiction

Friday, August 25, 2017 @ 8:15 AM | By Ian Burns

The lawyer for a woman who says she was unlawfully injected with anti-psychotic drugs is calling a recent Ontario Court of Appeal decision on her case "profoundly disappointing."

Kelley Bryan, Perez Bryan Procope LLP in TorontoIn E.S. v. Joannou 2017 ONCA 665, the Court of Appeal held the province's Consent and Capacity Board, which conducts hearings under the Mental Health Act, was not able to undertake remedies under the Charter of Rights and Freedoms and did not consider whether or not her rights under s. 7...