Our Healthcare Law Group is uniquely positioned to understand how the current complex legislative framework for mental health care affects our clients in the health care setting. We work regularly with psychiatric care providers and represent their interests before administrative tribunals, all levels of courts and at Coroner’s Inquests.
Our team includes lawyers who are highly experienced in mental health and consent and capacity law. We appear frequently before mental health tribunals and courts on matters dealing with consent to treatment, substitute decision making, involuntary admissions, transfers between psychiatric facilities, community treatment orders, secure treatment orders for youth, and admission to Long Term Care. In addition to frequent appearances before the Consent and Capacity Board (CCB), our lawyers also appear regularly before the Ontario Review Board (ORB), at hearings relating to the detention and treatment of criminally accused persons who are ordered to be detained at or, to report to specially designated forensic psychiatric facilities.
We provide advice to several psychiatric facilities, community hospitals and children’s mental health centres on treatment capacity, involuntary admissions, the privacy of mental health records and other mental health law policy issues.
We acted for an intervener (the Schizophrenia Society of Canada), in its intervention before the Supreme Court of Canada in Starson v. Swayze, which is the leading case on the legal test for capacity to consent to treatment in psychiatric care under Ontario’s Health Care Consent Act.
In addition to published articles and presentations on various mental health law subjects, members of our team authored the Ontario Hospital Association Toolkit: A Practical Guide to Mental Health and the Law in Ontario and the chapter on Mental Health Law in the Canadian Health Law Practice Manual (LexisNexis). Our advice is pro-active, anticipating common situations and flagging problem areas. While we frequently represent health care providers at mental health tribunals, we recognize that health care providers may be called upon to represent themselves. In that circumstance, we believe that the right education, support and assistance in preparation is essential to the health care provider’s success. We are leaders in the provision of education to those working in the frontlines of mental health care.