Tuesday, December 23, 2014

Long term detention under Mental Health Act struck down

P.S. v. Ontario, 2014 ONCA 900:

[3]          For the following reasons, I conclude that the provisions of the MHA dealing with involuntary committal violate s. 7 of the Charter by allowing for indeterminate detention without adequate procedural protection of the liberty interests of long-term patientsI also conclude that the appellant has not been provided with adequate interpretation services and that his right to equality, guaranteed under s. 15(1) of the Charter, has been violated.

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