R. v. Conception, 2014 SCC 60:
A treatment order regime in Part XX.1 of the Criminal Code
is intended to bring mentally ill accused persons to the cognitive threshold
required to proceed to trial. Consent of
the treating physicians is required for the disposition order in its entirety,
not simply to the treatment aspect of it.
A court may not make a disposition order directing that treatment begin
immediately if the hospital or treating physician does not consent to that disposition
unless the situation is a rare case in which a delay in treatment would breach
the accused’s rights under the Canadian
Charter of Rights and Freedoms and an order for immediate treatment is an
appropriate and just remedy for that breach.
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