What is The Consent and Capacity Board?

The Consent and Capacity Board ("CCB") is a specialized expert tribunal in Ontario that hears matters relating to consent and capacity. There are many types of conflicts that get decided at the CCB, for example:

  • if a patient is found by a physician to be incapable of making their own medical decisions they may appeal the decision to the CCB
  • if a substitute decision-maker refuses to consent to a proposed treatment or plan of treatment (e.g. withdrawing life support), the health care provider can bring the matter to the CCB
  • if an involuntary patient at a psychiatric facility wants to challenge their status (i.e. that they are being detained) because they believe they do not meet the criteria under the Mental Health Act

Hearings before the CCB generally happen very quickly. In most cases hearings are open to the public. Decisions are made by the CCB the day of or the day after the hearing.

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