The Canadian Mental Health Act is currently undergoing a change to prevent unwarranted detentions of people with mental illness. This revision which has been decided by the Ontario Court of Appeal proposes that involuntary detentions can only last for a period of up to six months. This appeal does not affect many people, however it ensures that mental health patients do not have to suffer from extreme forms of indecency.
With the current Mental Health Act as it stands from 1990 allows for the involuntary detention of mentally ill people if they are considered a danger to themselves or to others. The major problem is that there is no maximum sentencing period, which means that a person could be theoretically detained for their entire life. The new appeal looks to set the maximum involuntary detaining time to six months. There is hope that with the implementation of this measure that it will create a stronger network of care outside of facilities to treat people in a more free setting.
The case of a man, known only as P.S., has brought the issue to involuntary detention time to the spotlight. After being convicted for a 45 month criminal sentence in 1992, upon his release the Consent and Capacity Board deemed him unfit to re-enter society due to his mental illness. Since this time P.S. has served over two decades of involuntary detention in a mental health facility. This injustice convinced the Court of Appeals that a limit needs to be put on the detention time.
This concern does not affect a vast majority of people, but it will have a positive impact on the few that will benefit. Of those who are involuntarily detained, 80 percent are released within a month of the detention. As of 2014, 339 patients were held for over six months. Though not a wide reaching issue, the problem of involuntary detention needs to be addressed to help the development of mental health aid.
Currently the government is reviewing the possible options that are available to them. The new act will come into fruition this December. The court has allowed the government this period of time to make policy for the six month maximum. This court decision marks another step forward for mental health policy in Canada. Though limited in scope, this new appeal will put a limit to indecencies posed on people considered dangerously mentally ill.