Section 10

The entry into coroners' law in Ontario is contained within s.10 of the Coroners Act.Section 10(1) provides for a number of situations in which notification of the coroner is mandatory.Note the long list of occasions upon which, every person who has "reason to believe" that a person died, he or she must notify the coroner:

• "violence";
• "misadventure";
• "negligence";
• "misconduct";
• "malpractice";
• "by unfair means";
• "during pregnancy";
• "following pregnancy" if you can "reasonably" attribute the death to the pregnancy;
• "suddenly and unexpectedly";
• as a result of untreated ("by a legally qualified medical practitioner") "disease or sickness";
• as a result of "any cause other than disease"; or
• "under such circumstances as may require investigation."

Focus especially on the last one on the list, which references s.10(1)(g). This is often referred to as the "catch-all clause" since it states that one must notify the coroner "under such circumstances as may require investigation."Also, note the word "shall" in s.10(1) ("shall immediately notify a coroner or a police officer of the facts and circumstances relating to the death"). The word "shall," as you know, makes the specific codification mandatory.The essence of this clause is that, if there is any doubt as to whether or not to notify the coroner, the coroner must be notified.

Note the situations contained within s.10(2) to (5) in which a person must report a death.In s.10(2), we see that, for those circumstances listed within that section, the coroner shallinvestigate, and then may decide that an inquest is necessary, and then if so shallissue a warrant and hold the inquest (the latter would be accomplished under the authority of s.18).In s.10(2), we see that both mandatory and permissive terms can co-exist within the same statute section or sub-section.

Using this scenario, use the above s.10 if you were to notify the coroner of the death of, your patient. One of your colleagues suggests that you remove your patient's IV (a line inserted into a vein, usually for purposes of administration of hydration or medication). The coroner has not yet been notified.

Question:

1. Can you remove your patient's line legally?Why or why not?What ethical considerations enter into this scenario?
2. Do you think it would be possible to bring an action in court on the grounds that s.16(2)(c) violates s.8 of the Charter?Why or why not?