Legal Foundations
Laws established through judicial decisions and precedent, rather than formally written statutes.
What is Common Law (or Case Law)
This type of consent is given verbally or in writing, indicating a clear choice by the patient.
What is Express Consent
The primary reason Canada generally prohibits private insurance for medically necessary procedures.
What is to avoid a two-tiered system
This federal act protects personal information in the private sector, requiring consent for its collection, use, and disclosure
What is PIPEDA (Personal Information Protection and Electronic Documents Act)?
This type of insurance protects healthcare providers by covering legal defense costs and damages in lawsuits.
What is Liability Insurance (or Malpractice Insurance)?
This type of law defines the relationship between an individual and the government, including the Canadian Charter of Rights and Freedoms.
What is Constitutional Law
The legal authority given to a person to make decisions on someone else's behalf if they become incapable, specifically for health care
What is Power of Attorney
These types of services, like dental or optometric care, are typically paid for privately or through private insurance.
What are "non-medically necessary" services?
While the health care facility owns the physical chart, this entity legally owns the information contained within it.
Who is the patient (or their legal representative)?
The primary focus of regulating bodies for health professions, which is increasingly emphasized.
What is Public Protection?
A wrongful act that causes harm to a person or their property, which can be intentional or unintentional.
What is a Tort
This crucial element of consent ensures the patient understands the nature, purpose, risks, benefits, and alternatives of a proposed treatment.
What is "Informed"
The term for a service deemed essential by providers for a patient's health and well-being, but which is often subjective.
What is "medically necessary"?
The moral and legal obligation of a healthcare provider to keep patient health information private.
What is Confidentiality?
While providing moral and ethical guidelines, these documents are not legally binding.
What are Codes of Ethics?
The name for the French-influenced legal system used in Quebec, different from the rest of Canada.
What is Civil Law
According to the Supreme Court of Canada, a patient has this right even after a medical procedure has begun.
What is the right to withdraw consent at any time
An ethical and legal concern that arises if a healthcare provider refers a patient to a private clinic where they have a financial stake without disclosing it.
What is a Conflict of Interest?
This type of medical record is housed in one facility and pertains only to care received at that facility.
What is an Electronic Medical Record (EMR)?
In most Canadian provinces (except Quebec), this legislation states that an apology for an adverse event does not constitute an admission of fault or liability.
What is Apology Legislation?
A criminal charge that typically requires proof of both a wrongful act and a wrongful intent.
What is actus reus and mens rea
For minors, this is the benchmark for giving consent to medical treatment in most Canadian jurisdictions (except Quebec).
What is Maturity (or being a "mature minor")?
Private facilities offering comprehensive one-day assessments for a fee are legal because these services generally fall outside this specific category of care.
What is "medically necessary" (under the Canada Health Act)?
Beyond direct patient care, facilities must obtain renewed consent from a patient if their health information is to be used for this purpose.
What is research (or any new, previously undisclosed initiative)?
These organizations represent and advocate for healthcare employees, often negotiating wages, hours, and working conditions through collective bargaining.
What are Unions?