section 287(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines a qualified medical practitioner as someone licensed to practice medicine in the province where the hospital is located.

SECTION WORDING

287(6) For the purposes of subsections (4) and (5) and this subsection, "qualified medical practitioner" means a person entitled to engage in the practice of medicine under the laws of the province in which the hospital referred to in subsection (4) is situated.

EXPLANATION

Section 287(6) of the Criminal Code of Canada defines the term "qualified medical practitioner" as a person who is legally authorized to practice medicine in the province in which the hospital is located. This definition is significant in the context of subsections (4) and (5) of the same provision, which deal with situations where a person is found not criminally responsible on account of mental disorder (NCRMD) and is subsequently detained in a hospital for treatment and assessment. Under subsection (4), a person who is found NCRMD may be detained in a hospital for a period of time as determined by a Review Board. During this period of detention, the Review Board can order that the person receive ongoing mental health treatment and assessment from a "qualified medical practitioner." As per the definition in section 287(6), this means a medical doctor who is licensed to practice in the province where the hospital is located. Similarly, subsection (5) outlines the conditions under which a person found NCRMD may be released from hospital into the community. If the Review Board orders such a release, the person must continue to receive ongoing treatment and assessment from a "qualified medical practitioner." Again, this refers to a medical doctor who is licensed to practice in the province where the person resides. Overall, the definition of "qualified medical practitioner" in section 287(6) is essential to ensuring that people found NCRMD receive appropriate and effective mental health treatment while in hospital and upon their release. By specifying that only licensed medical doctors may provide this treatment, the provision helps to ensure that mental health care is delivered with the necessary level of expertise and professionalism.

COMMENTARY

Section 287(6) of the Criminal Code of Canada defines the term qualified medical practitioner" for the purposes of subsections (4) and (5) and this subsection. The section is an essential provision of the code that deals with the treatment of individuals who are suffering from mental disorders but may pose a danger to themselves or others. It outlines the requirements for medical practitioners who may be called upon to provide medical treatment and assessments to such individuals in Canadian hospitals. In essence, section 287(6) mandates that any person called upon to perform medical assessments or provide treatment to individuals with mental disorders must be a qualified medical practitioner entitled to engage in the practice of medicine under the laws of the province in which the hospital is located. The provision is significant because it ensures that individuals with mental health issues receive proper evaluation and treatments from qualified and licensed medical practitioners to ensure their safety and that of the public. The provision is crucial in ensuring that only competent individuals are authorized to make medical decisions and assessments of patients. It indicates that only medical practitioners who have gone through the rigorous training and examination process required to receive accreditation are authorized to carry out such functions. The law recognizes that competent professionals who possess the necessary training and experience have the required skills to make critical mental health assessments and treatment decisions, particularly when an individual is incapable of making such choices. Moreover, section 287(6) emphasizes the importance of provincial legislation in the licensing of medical practitioners capable of handling mental health cases. It implies that only medical practitioners who have met the training and practice requirements of their respective provinces are authorized to provide mental health assessments and care. The provision fosters better regulation of the profession by requiring that the medical practitioners conducting assessments and treatments be qualified and authorized. This legislation is particularly crucial in cases where individuals with mental health conditions may pose a risk to themselves or others. In these instances, qualified medical practitioners need to make sound judgments on how to deal with the individuals while minimizing harm to all parties involved. The provision allows for the establishment of medical standards for mental health treatment, which should result in more effective, comprehensive, and evidence-based care for all patients. In conclusion, section 287(6) of the Canadian Criminal Code outlines the meaning of qualified medical practitioner" and the importance of having licensed and trained medical professionals providing mental health assessments and treatments. This provision offers guidance and assurance on how mental health services should be delivered while ensuring the highest standards of practice and care. Regular policies and provisions like these are necessary for creating a cohesive, effective, and accountable health care system for all Canadians, irrespective of their medical condition.

STRATEGY

Section 287(6) of the Criminal Code of Canada defines a "qualified medical practitioner" for the purposes of subsections (4) and (5), which relate to medically assisted death. Specifically, this subsection states that a qualified medical practitioner is a person who is entitled to engage in the practice of medicine under the laws of the province where the hospital in question is located. From a strategic standpoint, there are several considerations that are important when dealing with this section of the Criminal Code. Some strategies that could be employed include: 1. Ensuring that medical professionals are licensed and qualified in the relevant jurisdiction. This involves verifying that the physician is registered with the relevant provincial college of physicians and surgeons, and that they are eligible to engage in medical practice within that province. 2. Ensuring that medical professionals understand the legal and ethical requirements of medically assisted death. When a medical professional is involved in medically assisted death, they must comply with a range of legal requirements, including obtaining informed consent and ensuring that the patient meets the eligibility criteria. Additionally, medical professionals must understand the ethical implications of their actions, including the potential impact on their personal and professional reputation. 3. Developing clear policies and procedures for medically assisted death. Hospitals and other healthcare organizations must have policies and procedures in place to ensure that medical professionals understand how to comply with the legal and ethical requirements of medically assisted death. These policies should cover issues such as eligibility criteria, informed consent, reporting requirements, and documentation. 4. Ensuring that medical professionals are aware of the potential legal and ethical risks associated with medically assisted death. Medical professionals who participate in medically assisted death may be at risk of legal and ethical challenges, including malpractice lawsuits, criminal charges, and disciplinary action by professional regulatory bodies. It is important for healthcare organizations to provide education and support to medical professionals to help them manage these risks. 5. Building relationships with key stakeholders, including patients, families, and advocacy groups. Medically assisted death is a complex and sensitive issue, and healthcare organizations must work closely with all stakeholders to ensure that all views are represented and respected. This may involve engaging in community outreach, facilitating patient and family consultations, and developing partnerships with advocacy groups. In conclusion, section 287(6) of the Criminal Code of Canada defines a "qualified medical practitioner" for the purposes of medically assisted death. To ensure compliance with this section and the other related legal and ethical requirements, healthcare organizations must develop clear policies and procedures, educate medical professionals, and engage with all stakeholders. By focusing on these strategic considerations, healthcare organizations can effectively manage the complex issues associated with medically assisted death and provide compassionate care to patients and families.