Forced medical treatment / treatment without consent constitutes assault. *
(R. v. Webers, 1994)
* Legal information provided by the Mothers’ Aid Society of Canada does not constitute professional legal advice.
[40] Section 265(1)(a) of the Criminal Code defines assault as follows:
265(1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly…[41] The force used against Ms Boys without her consent was an assault for two reasons:
Source: R. v. Webers, 1994
(a) She was unlawfully and arbitrarily detained under the Mental Health Act and the Canadian Charter of Rights and Freedoms.
(b) She had not consented to the treatment forced on her.
To be updated in future with relevant portions of Ontario’s Mental Health Act and the Canadian Charter of Rights and Freedoms.
Page last updated April 19, 2020.