Executive Council Office

Boards and Committees

Capability and Consent Board

Department: Health and Social Services | Agency website >>

Address: c/o Sourdough Secretarial Service, 7213 – 7th Ave. Whitehorse, Yukon, Y1A 1R8

Phone: 867-633-7614 | Fax: 867-633-6954


Mandate

The Board provides a forum for reviewing the decisions of care providers and substitute decision-makers, and for providing direction to substitute decision-makers, to ensure that:

  • the rights of care recipients are respected;
  • as required by other provisions of the Act, careful consideration is given to the wishes, beliefs and values, or best interests of care recipients; and
  • relatives and friends of the care recipient, and care providers, have an opportunity to be heard.

A panel of three Board members is required to hold a review.

The Board has authority to deal with the following matters:

Care Consent Act

  • Review of a decision that a person is incapable (or capable) to consent to health care, admission to a care facility or personal assistance services;
  • Review of a last resort substitute decision made by care providers to major health care or admission to a care facility;
  • Review of a care providers' choice of a substitute decision-maker;
  • Review of a substitute decision-maker's decision regarding major health care or admission to a care facility;
  • Review of a certificate of need for financial protection;
  • Choice of a substitute decision-maker in the event that equally-ranked substitute decision-makers cannot agree on the care decision; and
  • Consideration of a request from a substitute decision maker for directions regarding wishes.

Mental Health Act

  • Review of an involuntary admission;
  • Review of a renewal of involuntary admission;
  • Review of an application to transfer an involuntary patient to a hospital outside of the Yukon;
  • Review of a certificate related to involuntary admission;
  • Review of a certificate of return;
  • Consideration of whether to authorize specified treatments in addition to substitute consent; and
  • Consideration of whether to withhold all or part of the patient's record.

Authority:

Period: May 2005 to present
Type: Adjudicative


Membership

The Board is comprised of:

  • 2 members and 3 alternate members from the Yukon Medical Association.
  • 2 members and 2 alternate members from among the qualified care providers.
  • 3 members and 2 alternate members from the Law Society of Yukon
  • 2 members and 2 alternate members from among persons not mentioned in the above bullets.

The Commissioner in Executive Council (upon the recommendation of the Minister of Health and Social Services) appoints board members. The Commissioner in Executive Council appoints (from the Law Society of Yukon board members) 1 Chair and 2 Vice-Chairs.

Appointment process: Order in Council

Requirements: The Commissioner in Executive Council will appoint members to ensure:

  • males and females are equally represented;
  • representation of Yukon's cultural diversity;
  • inclusion of people with knowledge or experience of people with intellectual disabilities, mental illnesses, physical disabilities, people with brain injuries, or diseases of aging or other degenerative illnesses that can lead to mental incapability.

Term: Maximum 3 years.

Meetings: 1—4 times per month in Whitehorse, Yukon with short notice as needed.

Are there any vacancies? Our vacancies page lists ALL boards and committees looking for members.

Apply: There is 1 process to apply to ALL Yukon government boards and committees.

Current members:

Name Position From: To:
Buchanan, Dr. Stephanie Alternate Member 10/22/2015 05/01/2018
Phelps, John Member and Chair 06/22/2017 06/21/2020
Farynowski, Lise Member 10/22/2015 05/01/2018
McConnell, Paul (Robert)    Alternate Member    08/17/2016    08/01/2019 
Tucker, James    Member and Vice-Chair    08/17/2016    05/01/2019 
Gale, Dr. Reagan    Member    08/17/2016    05/01/2019 
Ikeji, Dr. Ngozi    Member    08/17/2016    05/01/2019 
Tkachuk, Darcy    Member and Vice-Chair    08/30/2016    05/01/2019