As vaccines for Canadians under 12 inch closer to being approved by Health Canada, questions surrounding a child’s capacity to consent to medical procedures under Canadian law may come under scrutiny.
Criteria for consent surrounding children and medical treatments or procedures isn't set out by the federal government, but by provinces and territories own legislation around the issue. Elsewhere, criteria are found in common law.
Health-care providers must obtain informed consent before any medical treatment or procedure, or be exposed to liability. If the minor meets the threshold of informed consent and understands the consequences of their decision, then parental or guardian approval is not required and does not override the decision of the child.
In that case, the father and mother of 14-year-old triplets known as were before the courts. Two of their children live with their father and attended virtual schooling, while the third lives with their mother and attended school in-person. In Quebec, parental or guardian consent is necessary for minors under 14 years of age for any medical treatment, unless the court gets involved, which has led to some contentious disputes, according to family law attorney Anne-France Goldwater of Goldwater Dube in Montreal.
Below is a brief breakdown of each province and territory's age of consent legislation for minors and medical procedures.In B.C. the age of majority is 19 years, and there is no stipulated age of consent for medical treatment. If a judge is making a decision about health care for a child under 14, the child will be allowed to advocate for themselves if they are deemed mature enough to do so.gives youth who are 16 or older the right to consent to procedures as if they were 19 .
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