Annotated Ontario Mental Health Statutes, 5th edition, is an up-to-date, centralized source of legislation and analysis in the area of mental health for Ontario. Consolidated versions of the following legislation and related forms are included:
• Mental Health Act and regulations
• Health Care Consent Act, 1996 and regulations
• Substitute Decisions Act, 1992 and regulations
• Public Hospitals Act and regulations
• Personal Health Information Protection Act and regulations
The Canadian Charter of Rights and Freedoms and the relevant sections of the Criminal Code are also included. This edition contains the mental health provisions in Part XX.1 of the Criminal Code, which formed part of Bill C-10, proclaimed in force in 2005. Also in this edition is the Crown Practice Memorandum on the Diversion of Mentally Disordered Accused. A table of cases has also been provided.
Annotations cover caselaw from Ontario, as well as other jurisdictions, through to December 2021. Caselaw annotations range in length from a few sentences to the full text of the judgment. Commentaries are practical and to the point.
The format is easy to use and places the updated caselaw annotations and commentary adjacent to the legislative provisions to which they relate, following the logical organization of the statutes.
About the Authors:
Richard D. Schneider, BSc, MA, PhD, LLB, LLM, CPsych, is Chairman of the Ontario Review Board and a Justice of the Ontario Court of Justice. He was previously a criminal defence lawyer and certified clinical psychologist. The Honourable Mr. Justice Schneider was counsel to the Ontario Review Board from 1994 to 2000, and is certified by the Law Society of Upper Canada as a specialist in criminal litigation. His private practice was generally limited to the representation of mentally disordered accused. Justice Schneider is also an adjunct professor with the Department of Psychiatry, Faculty of Medicine, and an adjunct professor with the Faculty of Law, both at the University of Toronto. He was named honorary president of the Canadian Psychological Association in 2002. He is presently the alternate chairperson of the Nunavut Review Board. Prior to becoming chair of the Ontario Review Board, a great deal of his time was spent presiding at the Mental Health Court in Toronto. Major research interests are competency and criminal responsibility. Justice Schneider has published extensively in the area of mental disorder and the law.
Caitlin M. Pakosh, HBSc, JD, has been working as case management counsel of Innocence Canada (formerly known as AIDWYC) since 2012 and is responsible for managing the Association’s cases across Canada. She obtained her honours bachelor of science degree, specializing in forensic anthropology and earning a minor in biology, from the University of Toronto Mississauga in 2008. Her undergraduate thesis, which examined the decomposition of dismembered pig limbs enclosed in plastic bags and submerged in Lake Ontario, was conducted during her internship with the Toronto Police Service Marine Unit and published in the Journal of Forensic Sciences in 2009. Ms. Pakosh obtained her Juris Doctor degree from the University of Calgary in 2011. She has appeared in the Court of Appeal for Ontario and has worked on intervener and appellate cases, appearing at a variety of levels of court, including the Supreme Court of Canada, as well as ministerial review applications. Since 2013, Ms. Pakosh has cross-examined forensic science students in annual mock trials at the University of Toronto Mississauga, where students practise being expert witnesses. She is a member of the Criminal Lawyers’ Association and the National Association of Criminal Defense Lawyers. She is also an associate member of the American Academy of Forensic Sciences and the Canadian Society of Forensic Science.
Lora Patton is a Toronto lawyer, teacher, and researcher. Having worked in mental health for over a decade, Ms. Patton has previously worked as counsel in the legal aid clinic system, staff lawyer and lecturer in legal education, and as counsel to the Director of the Psychiatric Patient Advocate Office. Published in national and international textbooks, peer-reviewed journals, and independently funded research, Ms. Patton has written in the areas of health law, disability, and access to justice and social justice.
She has taught courses in mental health law, health law and health, and human rights and globalization at York University’s School of Health Policy and Management and Osgoode Hall Law School, more recently in Professional LLM. Ms. Patton has been a lawyer member of the Consent and Capacity Board since 2009 and a Vice Chair since 2013.