Do I have to accept medical treatment?
Medical staff need your informed consent in order to give you any examination, procedure, or treatment.117 Informed consent requires that you have the capacity to understand the nature of the procedure, are aware of the likely result and risks of the procedure, are aware of the likely result if you do not consent to the procedure, and are aware that you may withdraw from the procedure at any time.118
You should know that clinicians in prison are only permitted to prescribe drugs for medical purposes, and that the medical procedures they perform should be only for your benefit, not to restrain you. Health care workers may not collect samples from you for non-medical purposes.119
What happens if I refuse treatment?
You may refuse to consent to any procedure, even if the refusal threatens your life.120 Your refusal must not result in punitive action, and you should be offered an alternative treatment if possible.121 Your case management officer will be advised in writing if you refuse mental health treatment.122
What right do I have to confidentiality in relation to mental health services?
You have a right to confidentiality for information related “solely to therapeutic matters”.123 However, if you see a psychologist or psychiatrist for assessment or case management purposes, it will be assumed that you have consented to share the information collected with your case management officer.124
If you are seeing a psychologist or psychiatrist, you must be sure you understand the purpose of the visit. You should ask the mental health practitioner at the outset of an appointment whether the session is considered therapeutic or whether it is for case management purposes. You should also be aware that part of a CSC therapist’s contract requires them to report to CSC, so there is a conflict between professional ethics and employment contracts, meaning that confidentiality may be compromised.
Return to note 117. CD 800, s. 16.
Return to note 118. CD 803, s. 5.
Return to note 119. CD 800, s. 15.
Return to note 120. CD 803, s. 8.
Return to note 121. CD 803, s. 9.
Return to note 122. CD 803, s. 10.
Return to note 123. CD 803, s. 15.
Return to note 124. CD 803, s. 13.