What are the consequences of not respecting the common law right to refuse medical treatment?
British Columbia, Canada
The following excerpt is from Fortey (Guardian ad Litem) v. Canada (Attorney General), 1999 BCCA 314 (CanLII):
The trial judge recognized the common law right to refuse medical treatment and the consequences of not respecting that right when he observed, at 270, para. 17: ... the law does not permit the police to compel a prisoner to attend for medical treatment. A medical examination against the person's consent is a battery and will attract an award of damages. In Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192 (S.C.C.), a case dealing with the lack of proper information before a patient consented to treatment, Laskin C.J.C. writing for the court preserved the tort of battery for those cases where a patient is treated without giving any consent at all.
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