Leave to Intervene Granted to Mental Health Legal Committee

May 31, 2012 - Ottawa - The Supreme Court of Canada has granted the Mental Health Legal Committee leave to intervene in the case of Brian Cuthbertson, et al. v. Hassan Rasouli by his Litigation Guardian and Substitute Decision Maker, Parichehr Salasel, which is scheduled to be heard by the nation's highest court on December 10, 2012.

The case involves Hasan Rasouli who became dependent on mechanical ventilation following surgery for the removal of a benign tumour. His family has insisted that he is responsive and that ventilation continue. Mr. Rasouli's physicians insist, however, that mechanical ventilation is of no medical benefit and that the family's consent is not required for its withdrawal.

The MHLC has filed a intervention brief jointly with HALCO, the HIV and AIDS Legal Clinic of Ontario. The purpose of the intervention is to address the potential impact of the Court's ruling on treatment decision making in contexts other than end of life decisions.

The MHLC is represented by Marshall Swadron and Mercedes Perez of Swadron Associates.

Update July 26, 2012: The factum of the interveners MHLC and HALCO has been filed with the court. To view the factum, please click here.

Update August 17, 2012: MHLC and HALCO have been granted 10 minutes for oral argument.