Marginal note:When treatment permitted
88 (1) Except as provided by subsection (5),
(a) treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and
(b) an inmate has the right to refuse treatment or withdraw from treatment at any time.
Marginal note:Meaning of informed consent
(2) For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand,
(a) the likelihood and degree of improvement, remission, control or cure as a result of the treatment;
(b) any significant risk, and the degree thereof, associated with the treatment;
(c) any reasonable alternatives to the treatment;
(d) the likely effects of refusing the treatment; and
(e) the inmate’s right to refuse the treatment or withdraw from the treatment at any time.
Marginal note:Special case
(3) For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole.
Marginal note:Treatment demonstration programs
(4) Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has
(a) approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and
(b) reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section.
Marginal note:Where provincial law applies
(5) Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.
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