Mental Health Blog

"Man is the only animal for whom his own existence is a problem which he has to solve” - Erich Fromm

June 19, 2010

Supreme Court Ruling A Victory?

Saturday, June 19, 2010
In recent news, the Supreme Court of Canada has made a historic ruling that will allow administrative tribunals to find Charter violations and resolve legal disputes using the Charter of Rights and Freedoms.
“The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all levels of government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982.”
Mr. Paul Conway, who has been detained on a psychiatric ward for 27 years for sexual assault and assaulting a police officer in the 70s, asked the Ontario Review Board to release him and affirm his rights under the Charter. However, the board rejected his request because they did not have jurisdiction to rule under the Charter of Rights and Freedoms.
“The Ontario Review Board annually reviews the status of every person who has been found to be not criminally responsible or unfit to stand trial for criminal offences on account of a mental disorder. The Ontario Review Board is established under the Criminal Code of Canada. The Board is made up of judges, lawyers, psychiatrists, psychologists and public members appointed by the Lieutenant Governor in Council.”
Now, the Supreme Court ruled in favour of allowing administrative tribunals to apply the Charter in their fields of expertise. The ruling opened up the possibility for an array of litigation issues between patients and institutions that can be heard at almost any tribunal in the country. Moreover, the Charter will likely be used by many others in various circumstances, such as by prisoners to execute their rights for special privileges, by parents to dispute school policies and by employees to contest against job conditions.
“Systemically, one can speculate as to the infinite potential of far-reaching implications for the masses. This decision may protect their rights, but my own situation remains status quo. I am locked in the system. I would like to live productively and pro-actively in the community. But, for me, the beat goes on”, says Mr. Conway.
On the surface it seems that prisoners with mental illness will benefit, but many experts see this as a setback. As Kristin Taylor, a CAMH lawyer explains that this “will bring new complexities to the process.” It may take longer for cases to be heard and completed, thereby delaying the process for others. “Richard O’Reilly, a psychiatrist at London’s St. Joseph’s Health Centre, predicted that Charter issues will swamp hearings that are routinely held to consider patient consent, capacity and treatment plans.” However, all sorts of, what might appear to others, as minor Charter rights issues will likely clog up the judicial process.

In addition, June Conway-Beeby, executive director of Ontario Friends of Schizophrenics, believes that patients and their families will be negatively affected by this ruling and states: “It is a only a victory for lawyers, who – from what I have observed recently in many court cases – do not understand the reality of severe mental illnesses”.

Of course this seems like quite the victory from a legal standpoint. “David Baker, a Toronto disability-rights litigator, agreed that the ruling will be very useful at tribunals that are responsible for meting out state benefits – such as reimbursement for medical treatment outside Canada, or special education programs in public schools.”

Besides the legal ramifications this entails, where is Mr. Conway now?
“I was put in an area of high supervision and confinement,” he said. “They stopped taking me into the community. I haven’t had fresh air and sunshine for almost a year now. I feel ostracized and separated and alienated. The system hates me. The system is vindictive.”
He also plans to keep fighting the law while refusing medication as part of his treatment, which may have already freed him…

Legal victory was historic, but plaintiff remains in psychiatric ward
Canadian Charter of Rights and Freedoms
Ontario Review Board

© www.mentalhealthblog.com

, , , , , , , ,

No comments

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

Dentalget.com is dental equipment supplier, we provide high quality dental instruments, dental handpiece at a discount price. Free shipping worldwide.

Categories

9/11 AADD Abortion Academic Success Acetylcholine ADD Adderall Addiction ADHD Adult Attention Deficit Disorder Adultery Advertising Aggression Aging Agreeableness AIDS Air Pressure Alcohol Alcohol Abuse Alcohol Dependence Alcoholism alpha-CaM kinase II Altitude Alzheimer's Amphetamine Amygdala Amyloid Amyloid Deposition Anesthesia Anger Anterior Cingulate Cortex Anterograde Amnesia Anti-Depressants Anti-Psychotic Anticholinergic Anticonvulsant Antiepileptic Antioxidants Anxiety Anxious-Avoidant Anxious-Preoccupied Apolipoprotein E Army Aromatherapy Asperger Syndrome Assessment Associative Learning Asthma Attachment Theory Attention Attention Deficit Disorder Attention Deficit Hyperactivity Disorder Autism Autism Spectrum Disorder Autonomic Nervous System Average Sleep Requirements B-type Natriuretic Peptide Babies Balance Behavioral Problems Behaviour Behavioural Impairment Behavioural Therapy Benadryl Bipolar Disorder Blood Clot Blood Pressure Blue Light Blue Light Goggles Body Mass Index Bone Marrow Brain Brain Development Brain Imaging Brain Injury Brain Stem Brain Surgery Breast Cancer Buddhism bullying Bupropion Business C-reactive Protein Calories CAMH Canada Canadian Charter of Rights and Freedoms Cancer Carbohydrates Cardiovascular Disease Care Facilities Caregiver cars Cdk5 Cell Phone Central Nervous System Centre for Addiction and Mental Health Cerebellum Cerebral Amyloid Angiopathy Cerebral Cortex Cerebrospinal Fluid Cerebrovascular Accident Cerebrovascular Insult Chat Rooms Chewing Childhood Disabilities Childhood Disintegrative Disorder Childhood Emotional Neglect Children Chitin Chitosan Cholesterol Choline Chromosome Chronic Pain Syndrome Chronic Stress Circadian Rhythm Cirrhosis Citalopram Classical Conditioning Climate Change Clot-Busting Drug Co-morbidity Cocaine Cognition Cognitive Development Cognitive Impairment Colloquially Brain Attack Coma Communication Device Communication Technology Concentration Concerta Concussion Conflict Confusion Conscientiousness Control Group Coordination Correlation Cortisol Counselling Couples CPAP Crack CRASH-2 CRASH-3 Creativity Criminal Code Cyberbullying Cyberpsychology Cyklokapron Daytrana Death Death Toll Decision-Making Declarative Memory Deep Brain Stimulation Delusion Dementia Dentures Depression Destrostat Deviant Behaviour Dexedrine Dextromethorphan Diabetes Diet Dietary Supplements Diphenhydramine Disability discrimination Dismissive-Avoidant Disorganized Attachment Disorganized Speech Disorientation Dizziness Docosahexaenoic Acid (DHA) Double-Blind Dream Drinking Drowsiness Drug Abuse Drug Dependence Drug Use Drugs DSM DSM-5 Dual Diagnosis Early Onset Alzheimer's Economic Crisis Ecstasy Effexor Ego Eicosapentaenoic Acid (EPA) Elderly Electrical Stimulation Electroconvulsive Therapy Electrodes Email Embitterment Embolic Emotion Emotional Neglect Emotional Problems Emotional Well-Being Employee Enrivonment Enzyme Epilepsy Estrogen Ethics Evolution Experimental Group Extracellular Signal-Regulated Kinase (ERK) Extroversion Facebook Facebook Fan Page Facebook Friends Family Family Therapy Fast Food Father Father Absenteeism Fatherhood FDA Fear Fearful-Avoidant FeelingBetterNow Fetus Fibrin Fish Oil fluoxetine fMRI Focalin Focus Food Fraud Friday Gamma Secretase Genetic Disorders Genetics Ginkgo Biloba Glucose Glutamate Receptor God Gout Guest Blogger Hair Pulling Haiti Hallucination Hallucinogenic Halo Effect Harm-Reduction Headache Healthy Eating Hearing Heart Attack Heart Disease Hematopoietic Stem Cells Hepatitis Hepatitis C Herbal Supplements Hereditary Angioedema Heredity Heroin High Blood Pressure Hippocampus Hockey Homelessness Hormone Housing Hox Genes Hoxb8 Cells Human Rights Hydromorphone Hyper-social Networker Hyperactivity Hypothalamus Illness Impulse Control Impulsivity Inattentiveness Infant Infidelity Inflammation Insecure Attachment Insomnia Instant Messaging Insulin Intellectual Development Intellectual Disability Internet Intracranial Bleeding Introversion Introvert Ischemic Stroke KASPAR Ketamine Ketogenic Kleptomania Laptop Latent Inhibition Learning Learning Disability Leukotrienes Limbic System Lithium Liver Locked-In Syndrome Long Term Memory Long-Term Potentiation Longevity Lupus Lysteda Maestro Rechargeable System Major Depression Mania MAOI Marriage MDMA Medication Meditation Melatonin Memory Memory Loss Memory Task Men Mental Health Mental Health Forum Mental Heath Mental Illness Metadate Metyrapone Mice Microglia Mild Cognitive Impairment (MCI) Mild Traumatic Brain Injury Military Mind-Body Mindless Eating Mitochondria MOHLTC Mood Disorder Morphine Mortality Rates MRI MS-275 Multiple Sclerosis Muscle Weakness music therapy Narcissism Natasha Richardson National Sleep Foundation Natural Disaster Nature/Nurture Nausea Necrosis Neglect Nerve Neuro-imaging Neurobiology Neurodegeneration Neurodegenrative Diseases Neurodevelopment Disorders Neurogenesis Neurological Disease Neuromarketing Neuron Neuropathy Neuroticism Neurotransmitter News Nintendo Wii Non-REM Sleep Nose Nurse Ratched Nutrition Obesity Obessive Compulsive Spectrum Disorder (OCD) Offspring Olfactory Gland OM3 Emotional Balance Omega 3 Ontario Ontario Review Board Ontario Works Opioid Oral Health Organic Ottawa Over-activity Over-Medication Ovulation Oxidative Cell Oxygen Oxytocin p35 Pacemaker Pain Pain Killer Pain Management Pancreatic Polypeptide Pancreatitis Paralysis Paranoia Paraskevidekatriaphobia Parenthood Parents Parkinson's Paroxetine Paxil PDD-NOS perception Perfume Peripheral Nervous System Peroxisome Proliferator-Activated Receptor Gamma (PPARγ) Pathway personality traits Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS) PET Scan Pharmacology Phobias Physical Health Physiological Plasmin Plasminogen Plasticity Platelet-Activating Factor Politics Post-Concussion Assessment and Cognitive Test (ImPACT) Potassium Ion Channel Poverty Pregnancy Pressure Procedural Memory Promiscuity Prozac PsychBoard.com Psychiatric Ward Psychological Psychological Inventories Psychologist Psychology Psychology Forum Psychology of Eating Psychosis PTED PTSD Public Health Pyromania Quadriplegic Rehab Relationships Reliability Religion REM Research Retigabine Retrograde Amnesia Rett Syndrome Risperdal Ritalin road rage Robot Robotics Rodent Research Rosiglitazone Samsung Satiety Scales Schizophrenia School Screening Secure Attachment Sedatives Seizure Self-Affirmation Intervention Self-Confidence Self-Esteem Self-Integrity Self-Worth Semantic Memory Senior Seroquel Serotonin Serzone Sex Sex Therapy Sexual Orientation Sexual Satisfaction Shock Therapy Sideline Concussion Assessment Test (SCAT2) Sleep Sleep Apnea Sleep Disorders Sleep Quality Sleep Stages Smartphone Smoking Snacking Sniffing Technology Social Assistance Social Deficits Social Isolation Social Media Social Network Social Rejection Social Skills Social Worker Socialization Societal Change Soft Palate Soldier Somatic Nervous System Spatial Memory Special K Speech Spinal Cord Spinal Cord Injury Spinal Tap Sports Injury SSRI Statin Stem Cell Stimulant Strattera Stress Stress Hormone Stroke Substance Abuse Sugar Suicide Superstition Support Survey Suspicious Tablet Talk Therapy Tamoxifen Tanorexia Tax Payer Technology Television Telomere Temperature Testosterone Texting Therapy Thorazine Threshold Thrombosis Thrombotic Tinnitus Tissue Plasminogen Activator Topographical Disorientation Tranexamic Acid Trauma Treatment Tremors Trial Tribunal Trichotillomania Type-2 Diabetes Vagus Nerve Validity Ventromedial Prefrontal Cortex Video Games Virtual Reality Vision Visual Attention Vitamin B Vitamins Vitiligo Voice Vyvanse Walnuts Weight Loss Welfare Wellbutrin Wernicke–Korsakoff syndrome Wet Brain White Blood Cells Women Work World Health Organization Zileuton Zyban Zyprexa µ-opiate receptors (MOR)
Copyright © Mental Health Blog | Powered by Blogger
Blogger Templates