Controlled · Patient and Detainee Rights

Canadian coverage, focused on patient and detainee rights, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.

25 verified publications. Showing the 25 most recent.

Published 2026-10-28 · Open coverage

Ottawa introduces Bill C41 on advance MAID requests and safeguards

The federal government introduced Bill C41 on October 27 to propose advance medical assistance in dying requests for eligible adults facing an incurable illness expected to remove decision making capacity. The proposal would require safeguards and leave provinces and territories to decide whether to make advance requests available. It is not enacted law, and Ottawa also announced it would not proceed with the scheduled mental illness expansion.

Decision 2023-11-07 · Open coverage

Wright v Yukon (Director of Public Safety and Investigations), 2023 YKSC 77

A Yukon Charter challenge to a five day eviction power led the Supreme Court to admit one homelessness expert report while excluding another and a late academic article. The ruling addresses what evidence the court would hear, not whether the eviction provision was constitutional.

Decision 2026-01-21 · Open coverage

A.S. v. Evergreen House Long Term Care, 2026 BCSC 102

A BC judge rejected a son's habeas corpus challenge to his father's placement in long term care. A lawful substitute consent from the Public Guardian and Trustee and compliance with discharge procedures defeated the detention challenge, while a separate statutory review route remained available.

Decision 2026-09-10 · Open coverage

Elshazly v Vancouver Police Board, 2026 BCHRT 195

The BC Human Rights Tribunal found that Vancouver police discriminated against a Black woman during a traffic stop when they escalated an identification dispute into an arrest. It awarded $25,000 for injury to dignity and $1,398.90 for her damaged phone, while dismissing a separate place of origin allegation.

Decision 2026-10-19 · Open coverage

R v Sharphead, 2026 ABCA 329

The Alberta Court of Appeal refused release pending an aggravated assault conviction appeal. The applicant did not establish sufficient merit in his proposed appeal or meaningfully address the public safety risk identified in his record of violent offences.

Published 2026-10-22 · Open coverage

If Addiction Takes Away Control, Why Can Someone Still Refuse Help?

Canadian law recognizes addiction as an illness that can impair control over drug use. Families struggling to prevent another overdose are left confronting a difficult distinction between dangerous behaviour, decision-making capacity and the power to compel treatment.

Published 2026-10-21 · Member analysis

A Long-Term Care Home Can't Turn Resident Choice Into a Favour

Ontario's Residents' Bill of Rights protects everyday choices, personal communication and involvement in care. Safety concerns must be examined without making institutional convenience the measure of a person's freedom.

Decision 2008-05-16 · Open coverage

R. v. D.B., 2008 SCC 25

The Supreme Court held that young people benefit from a constitutional presumption of diminished moral blameworthiness. The former Youth Criminal Justice Act provisions placing the onus on a young person to avoid an adult sentence and loss of publication protection violated section 7 of the Charter.

Decision 2017-06-01 · Open coverage

R. v. Antic, 2017 SCC 27

The Supreme Court held that release on the least onerous appropriate terms is required by the Criminal Code's bail ladder. The bail review judge erred by requiring a cash deposit and surety arrangement without properly applying that principle.

Published 2026-10-21 · Member analysis

Remand Isn't a Sentence, Even When It Looks Like One

Pretrial custody places people under substantial institutional control before guilt has been established. The law requires a disciplined examination of grounds for detention and the least onerous workable form of release.

Published 2026-10-21 · Member analysis

A Youth Custody Sentence Needs a Plan for Life Outside

The Youth Criminal Justice Act requires more than safe confinement. A designated youth worker must help prepare a reintegration plan that can connect education, family, services and supervised release.

Decision 2011-05-12 · Open coverage

Alberta v. Elder Advocates of Alberta Society, 2011 SCC 24

The Supreme Court held that the pleaded facts didn't establish a general fiduciary duty by Alberta to long-term care residents over accommodation charges. The appeal succeeded in part and some other pleaded claims survived the motion to strike.

Decision 2013-10-18 · Open coverage

Cuthbertson v. Rasouli, 2013 SCC 53

The Supreme Court held that withdrawing life support as proposed in this Ontario case required consent under the Health Care Consent Act, 1996. A dispute with the substitute decision maker belonged before the Consent and Capacity Board.

Published 2026-10-21 · Member analysis

When Home Becomes the Next Ward After a Stroke

After a stroke, returning home can feel like freedom. But discharge planning can become a struggle over safety, autonomy, unfamiliar teams, the cost of equipment and the burden placed on an older spouse.

Decision 2026-10-02 · Open coverage

Canada (Attorney General) v Roberts, 2026 BCCA 397

The B.C. Court of Appeal upheld certification of a proposed class action concerning medical isolation conditions in federal correctional institutions. The judgment didn't decide whether the alleged harms or Charter breaches occurred.

Decision 2023-11-07 · Member analysis

When a Five Day Eviction Meets the Rules of Expert Evidence

A Yukon Charter challenge to a five day eviction power led the Supreme Court to admit one homelessness expert report while excluding another and a late academic article. The ruling addresses what evidence the court would hear, not whether the eviction provision was constitutional.

Published 2026-10-11 · Open coverage

An involuntary admission doesn't erase a patient's rights

Alberta's Mental Health Act allows detention in defined circumstances and also provides review and treatment protections. Those safeguards are part of the institutional process, not an afterthought.

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