Administrative law – Decisions of administrative tribunals – Mental Health Inpatient Services – Judicial review – Mental health – Substitute decision maker – Adult in need of protection
Regina Qu’Appelle Health Region (Mental Health Inpatient Services, Director) v. P.D.,  S.J. No. 235, 2012 SKQB 136, Saskatchewan Court of Queen’s Bench, April 2, 2012, T.C. Zarzeczny J.
The order was sought pursuant to s.24.1 of the Mental Health Services Act. The evidence put forward by the Applicant suggested that the Respondent had a long and continuous history of involuntary committals pursuant to s.24 of the Act, numerous Community Treatment Orders, and non-compliance with those orders. The respondent had also had numerous episodes of hostile and aggressive behaviors, which have resulted in an exhaustion of realistic and appropriate resources to support him in a non-institutional setting.
The Court granted the order, holding that the evidence established that the respondent met the criteria set out by s.24.1 to warrant involuntary committal. The respondent was suffering from a mental disorder, was unable to fully understand or make an informed decision, was likely to cause bodily harm to himself or others as a result of his mental disorder, and that his disabling mental disorder has persisted and is likely to continue to persist for a period of longer than 21 days.
To stay current with the new case law and emerging legal issues in this area, subscribe here.