Mental Health and the law (week 12)

Question 1

Civil commitment

Answer 1

• Balance protecting the patient with protecting
  society
• Civil commitment laws fall under provincial or
  territorial mental health acts
• Mental Health Act
• Detail when a person can be legally placed
  in a psychiatric institution (even against
  will)
• The government is responsible to care for
  its citizens

Question 2

Civil commitment criteria

Answer 2

• Parens patriae – “state as the parent”
• Most provincial legislation permits commitment when
  the person
• Has a mental disorder
• Poses danger to himself/herself or others
• Is in need of treatment/ Other treatments have
  failed
• Right to refuse treatment

Question 3

Define mental illness

Answer 3

• Mental illness is a legal concept
• Functional definition
• Severe emotional or thought
  disturbances that negatively
  impact person and health and
  safety
• Receiving DSM-5 diagnosis does
  not mean that the person fits the
  legal definition
• Various definitions, ambiguity
  leading to flexibility

Question 4

Criminal commitment

Answer 4

• Criminal commitment is the process by which people
  are held because:
• They have been accused of committing a crime and are
  detained in a mental health facility until fit to participate in
  legal proceedings
  or
• They have been found not criminally responsible on
  account of a mental disorder (NCRMD)

Question 5

Ethics and Treatment of mental illness

Answer 5

Boundary Issues
* Psychologists to avoid dual relationships
* Psychologists should not exploit relationships with clients
Do No Harm
* Minimize harm to clients
Recognizing Limits of Competence
* Practise within limits of their competence

Question 6

Patients rights:

Answer 6

The right to treatment
the right to refuse treatment
the right of research participants