Mental Health Law

By Deadman, John C. | Canadian Journal of Psychiatry, February 2011 | Go to article overview

Mental Health Law


Deadman, John C., Canadian Journal of Psychiatry


Mental Health Law Canadian Mental Health Law and Policy: Second Edition John E Gray, Margaret A Shone, Peter F Liddle. Markham (ON): LexisNexis Canada Ine; 2008. 490 p. Can$ 165.00

Reviewer rating: Good

This book is the second edition of a book that was highly regarded when first published in 2000. It is a comprehensive review and analysis of mental health legislation in Canada updated to reflect the many changes that have occurred in the intervening years. All the major issues in the framing of mental health legislation are discussed, and for the most part it is balanced and dispassionate, in an area that has been prone to much polarization and political wrangling.

This book deals with all aspects of the law and mental disorder. It is comprehensive and scholarly, with copious references and appendices. The 3 authors are, respectively, a psychologist with experience in hospital management, a lawyer with long experience in mental health law, and a psychiatrist with forensic experience and much practical clinical knowledge. The first 4 chapters describe the current mental health legislation in Canada with its recent history and the psychiatric classification of mental disorders and their modern treatment - all primarily from a legal perspective.

The next 5 chapters discuss issues that have been controversial in the past 5 decades, and that successive revisions to the legislation have tried to address. These include criteria and procedures for involuntary admission, psychiatric treatment authorization and refusal including consent and capacity, assisted community treatment, and rights and safeguards for patients, including those contained in the Charter of Rights and Freedoms.

Chapter 1 0 discusses mandated services and attempts to develop Comprehensive Mental Health Legislation (CMHL) on a national level. Chapter 1 1 discusses mental disorder and the Criminal Code of Canada. Chapter 12 sums up the arguments made earlier and makes recommendations for a national approach to CMHL. They assert that there is at least some level of agreement about criteria for involuntary admission, rights, and safeguards for patients, and increasing recognition of the need for assertive community treatment. Areas of disagreement include the authorization of treatment in people who meet the criteria for involuntary admission but give competent refusal to all treatment. This is an issue that has remained very controversial and which different jurisdictions in Canada have handled differently.

The civil libertarian view is that imposing treatment on an involuntary patient who does not or cannot give consent is an abuse of human rights. There have been several well-known court cases on this issue. Often the courts have decided in favour of authorizing treatment but sometimes they have not. In either case, the protracted process has meant that these people remain incarcerated for long periods without the treatment that would shorten their period of illness.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Mental Health Law
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.