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Involvement of the Consent and Capacity Board in Challenging Ethical Impasses around Substitute Decision-Making
March 9, 2022 @ 4:00 pm - 5:00 pm EST
Rosalind Abdool, PhD, (she/her), Ethicist, Regional Ethics Program, Trillium Health Partners (THP), Alternate Vice Chair, THP Research Ethics Board, Adjunct Lecturer, Dalla Lana School of Public Health, University of Toronto
Eoin Connolly, MA, Ethicist, Regional Ethics Program, Trillium Health Partners (THP), Adjunct Lecturer, Dalla Lana School of Public Health, University of Toronto
About this Seminar:
In Ontario, the Consent and Capacity Board (CCB), a statutory tribunal, is arguably underutilized for challenging cases related to substitute decision-making. Health care providers (HCPs) and other stakeholders are often hesitant to make an application to the CCB, uncertain of its process, outcome and impact on their relationships with the parties involved. In this presentation, we will describe our experience as ethicists alongside healthcare providers and other stakeholders in their attempt to resolve ethical issues related to substitute decision-making through the CCB. Substitute decision-making conflicts can arise regarding (1) who should be the SDM(s) and, or (2) whether the SDM(s) is following the principles for giving or refusing consent. Ethical impasses can occur between the team and SDM(s) or, at other times, between family members/ friends and the SDM(s). Despite comprehensive attempts to resolve these impasses, a submission to the CCB may be the most appropriate path forward. We will use anonymized case examples to describe what to expect in the process and the benefits of proceeding to the CCB. If appropriately engaged and those involved appropriately supported, the CCB can be an effective procedural justice mechanism in determining the next course of action. Three goals of this session include: (1) to discuss strategies to resolve SDM conflicts and avoid unnecessary adjudication, (2) to identify types of cases to escalate to the CCB, and (3) to understand the role of the CCB, including preparing for a CCB hearing from an ethics lens.
This event is free and is open to the general public.
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