Law 3101A/B Chapter Notes - Chapter 4: Consent To Treatment, Viral Load, Informed Consent
Document Summary
Chapter iv: factors negating consent, treatment without consent & end-of-life decision making. Accused"s fraud as to his marital status would not negate consent to intercourse collateral to matter: similarly, until recently, fraud as to the harmful consequences of the act would not negate consent. 1998 supreme court rejected this two conflicting tests emerged. Crown appealed: scc significant risk of serious bodily harm test requires disclosure of hiv status if there is a realistic possibility of transmission. Consistent with charter equality and autonomy. No realistic possibility of transmission if the accused"s viral load was low and condom was used. Majority upheld battery impossible for her to give meaningful consent exploitative relationship. One disagreed but said doctor was liable in negligence for breaching the standard of care by facilitating her continued addiction. Situations would not be viewed as mandatory treatment. Offender can choose to undergo proposed treatment or suffer from legal consequences. Willful breach of probation is a federal offence.
