Dispute Resolution Mechanisms: Manitoba - O, Ontario -2?
Manitoba recently rejected a proposal to adopt a tribunal like Ontario’s Consent and Capacity Board. Manitoba is going to focus exclusively on preventing intractable futility disputes instead of on resolving them once they obtain. But over in Ontario, some providers are pushing for even more dispute resolution options than they already have.
Ontario providers already frequently (though not always, especially when the patient’s religion calls for continued life support) successfully use the CCB to resolve medical futility disputes. Last month, the Rasouli case held that Ontario providers must use the CCB to resolve these cases. Providers are appealing that decision in hopes that they can unilaterally refuse inappropriate interventions without the consent of the patient, the surrogate, or through the CCB.
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