What is the legal test for consent?
Alberta, Canada
The following excerpt is from Brown v. Alberta Dental Assn., 2002 ABCA 24 (CanLII):
The decision to consent or not is an exercise of discretion, which generally is subject to a low level of scrutiny: Baker v. Canada, supra, at para. 56. In this case, the exercise of discretion involves a relatively narrow component of statutory interpretation and a larger component of balancing various interests and policy considerations. This suggests a lower level of scrutiny. (e) Conclusion:
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