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ARTICLE · 26 SEPTEMBER 2017

Commentary On Roy c. CISSS de Chaudières-Appalaches - Access To The Deceased's

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With respect to the third condition regarding the necessity of the information, the Court agreed that access to the medical record was necessary to evaluate the cause of death of the deceased.

CanadaPrivacy
Antoine Aylwin
Antoine Aylwin
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Summary

The author comments on a Superior Court judgment overturning the defendant's decision and granting the deceased's spouse access to her medical record.

INTRODUCTION

During a succession, an heir or liquidator may often find it necessary to access documents concerning the deceased. The facts in Roy c. CISSS de Chaudière-Appalaches1 are unusual, but provide a good explanation of the principles on access to medical records.

I – THE FACTS

Both the applicant and his deceased wife were Jehovah's Witnesses. The wife signed a form refusing any blood transfusion during the upcoming birth of their first child. The applicant was authorized to consent to or refuse any care, and to consult the medical record.

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