Law and Mental Health in Canada: Cases and Materials
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Law and Mental Health in Canada: Cases and Materials brings together in a summary yet comprehensive way the field of mental health law. Examining both civil and criminal justice contexts in which mental health law is practised, this casebook is a complete guide for law students, articling students and new lawyers or lawyers newly interested in practising any aspect of mental health law anywhere in Canada.
Anita Szigeti is recognized as Canada’s leading expert in mental health law. She has litigated thousands of mental health cases at the tribunal level and on appeals at all levels of court for 30 years in Ontario and since 2014 in Nunavut. She is a widely published author, teacher and sought-after speaker on any topic related to mental health and the law.
Ruby Dhand, B.A. (Ontario), M.A. (Carleton), LL.B. (Ottawa), LL.M. (Toronto), Ph.D. (Osgoode), is an Associate Professor in the Faculty of Law at Thompson Rivers University (TRU). Dr. Dhand is an award-winning teacher in the areas of human rights law, health law, mental health law and policy in Canada and community lawyering.
General Editors & Authors
Anita Szigeti and Ruby Dhand
Contributors to the volume include Jennifer Chambers, Cassandra DeMelo, Carter Martell, Jacqueline Petrie, Sarah Rankin, Naomi Sayers, and Amy Shoemaker.
Table of contents
Chapter 1 – Foundational Issues in Mental Health Law: Lived Experience, Access to Justice and Intersectionality
Chapter 2 – Civil Mental Health Law: Legal Concepts and Policy Considerations
Chapter 3 – Civil Commitment
Chapter 4 – Consent to Treatment
Chapter 5 – Guardianship and Powers of Attorney
Chapter 6 – Personal Health Information Protection
Chapter 7 – Mental Disorder and Criminal Justice
Chapter 8 – Fitness to Stand Trial
Chapter 9 – The Not Criminally Responsible Verdict
Chapter 10 – Criminal Code Review Boards – Part XX.1, the Mental Disorder Provisions: History, Structure and Foundational Concepts
Chapter 11 – Modern Review Board Law: s. 672.54 of the Criminal Code and Beyond
Chapter 12 – Dangerous Offender and Long-Term Offender Proceedings
Chapter 13 – Mental Health Considerations in Bail and Sentencing
Chapter 14 – Mental Health Courts and Specialized Courts
Chapter 15 – Indigenous Peoples and Mental Health Law
Chapter 16 – Introduction to Coroner’s Inquests in Ontario Involving Mental Health Issues
Chapter 17 – Public Interest Standing by People With Lived Experience of Mental Health Issues at Ontario Coroner’s Inquests – Part I: Recommendations From Inquests in Police-involved Deaths
Chapter 18 – Public Interest Standing by People With Lived Experience of Mental Health Issues at Ontario Coroner’s Inquests – Part II: Recommendations From Inquests in Institutional Deaths
Chapter 19 – Practicing Mental Health Law: Advocacy Tools, Trauma-Informed Lawyering, Empathy and Increasing Access to Justice
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