722 was an important case at the Supreme Court of Canada that considered the legal requirements for determining if a person is capable of making decisions regarding their medical treatment.
Scott Jeffery Schutzman, who changed his name to Starson and preferred to be called "Professor", obtained an electrical engineering degree and held a strong interest in physics (although it was not his profession).
[3] On December 24, 1998, Swayze declared Starson incapable of consenting to proposed psychiatric treatment and should therefore be involuntarily medicated as directed.
The issue facing the Supreme Court of Canada was, "Is the Consent and Capacity Board entitled to override Starson’s refusal and order him to undergo treatment?"
[4] The Court recognized that a person who has accepted the manifestations of illness, although not the final diagnosis, does not forgo capacity to refuse treatment.
"The medical charts themselves were not marked as exhibits at the hearing and there is no indication that the members of the board even looked at them," Justice Molloy chastised.
The majority may have accurately surmised from the following language of the Board: “it viewed with great sadness the current situation of the patient […] his life has been devastated by his mental disorder.” According to Daphne Jarvis, a legal counsel to the Schizophrenia Society of Canada, "The [Supreme] Court did not change the Health Care Consent Act or even make the process more difficult.
"[5] According to an article in The Ottawa Citizen, "What the court majority ruled was that Consent and Capacity board in 1999 did not have enough evidence to support its finding that Mr. Starson was incapable of deciding on treatment.