Mental Health Act

Thompson v Ontario : ONCA Dismisses Charter Challenge of Involuntary Civil Commitment Criteria and Community Treatment Orders

This is the first of a two-part post on Thompson v Ontario. Part 1 discusses (1) the section 7 Charter analysis undertaken by Belobaba J of the Ontario Superior Court and accepted by the Ontario Court of Appeal; and (2) the Court of Appeal’s holdings on (a) the role of the application judge in adjudicating […]

PS v Ontario: ONCA Finds Ontario Mental Health Law Breached the Charter

The Ontario Court of Appeal's judgment in PS v Ontario, 2014 ONCA 900, has determined that a detainee in a mental health institution suffered discrimination and a denial of procedural fairness, contrary to his Charter rights under Sections 15 and 7. The case arose from the 19-year-long involuntary detention of a man, identified only as PS, at a […]