Hilary Young, at Queens University Faculty of Law, has an op-ed in today's Toronto Star criticizing the Court of Appeal's ruling in Rasouli v. Sunnybrook. She argues that the decision places physicians in a bind. On the one hand, they risk violating the HCCA if they stop treatment against the SDM wishes. But at the same time, they risk sanctions for complying with the SDM wishes, because that may entail practicing inappropriate medicine.
Young argues that "when all attempts to get the doctor and the SDM to agree have failed, the SDM’s consent should not be required to withdraw medically inappropriate life support." Indeed, technically the HCCA does not require the current SDM's consent. It only requires a SDM's consent. This is precisely what the CCB mechanism permits, viz. finding a more reasonable SDM. Young fails to mention this important "safety valve" to the otherwise constraining impact of the Rasouli decision. Young concludes: "The Ontario Legislature should amend the Health Care Consent Act to clarify that patients have no right to demand life-sustaining treatment."
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