The significant of the principle of autonomy is clearly expressed in Re T, cited by Robins JA in Malette v Schulman (1990) 67 DLR (4th) 321 at 336, and said

Authors Avatar

The significant of the principle of autonomy is clearly expressed in Re T, cited by Robins JA in Malette v  Schulman (1990) 67 DLR (4th) 321 at 336, and said

The right to determine what shall be done with one’s own body is a

Fundamental right in our society. The concepts inherent in this right are

Bedrock upon which the principles of self-determination and individual Autonomy is based.

In regard to the autonomy, the judgement [handed by Dame Elizabeth Buttler-sloss, the president of family division of high] that causes surprises to medical lawyer, that is, the competent patient’s right to decide for himself whether to submit to medical treatment, over other imperatives, such as his best interests should be objectively considered. This has been clearly established in a number of decision prior Ms B’ case. The autonomy principle will prevail even in case of refusals of life-saving treatment.

Join now!

This principle approved and developed by Dame Elizabeth Buttler-Sloss. A mentally competent patient has the right to refuse consent to medical treatment. In this case, Dr Walter Smith made advance directive before his condition deteriorated about refuse medical treatment, when the refusal will mean death. I accept that he had the capacity when the directive was written; however, Dr Smith has no capacity now. Since the advance directive was made when he has the capacity to decide, although the principle of sanctity of life is not absolute, as the right of self-determination means the right to live his own ...

This is a preview of the whole essay