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Law and Mind: Mental Health Law and Policy in Canada

This title provides a comprehensive analysis of the most important cases and key debates at the intersection of mental health law and policy.

Publication Language: English

Softcover | 568 pages

In Stock
Published: May 12, 2016
ISBN/ISSN: 9780433486688

Product description

"The book is highly recommended for students, practitioners and academics and will serve as a basis for understanding areas requiring law reform and policy changes. The book should be compulsory reading for all advanced undergraduate or graduate studies including law, sociology, health care sciences, political science, administration, general liberal arts or science."

Review by Willa M.B. Voroney (2017 Canadian Law Library Review, Vol. 42, No. 2)

Mental health issues pose critical challenges for Canada's systems of justice and health care. Problems with mental health are common, but often neglected due to stigma and the vulnerability of those living with these conditions. This is evident within our legal system. Every day in our courts we see played out the struggle to protect the human rights and dignity of individual Canadians with mental health challenges, to access adequate mental health care and social support, and to provide genuinely helpful responses to criminal behaviour associated with mental health problems. Law and Mind: Mental Health Law and Policy in Canada provides a comprehensive analysis of the most important cases and key debates at the intersection of mental health law and policy.

Written by a group of Canada's leading experts on mental health law, this volume provides practitioners, researchers and policy-makers with valuable insight into this challenging and important area of the law.

Features and benefits
Law and Mind: Mental Health Law and Policy in Canada is an important resource for understanding the complexities of mental health law and related policy issues in Canada.

Law students, practising lawyers and policy-makers alike will benefit from the broad range of topics covered in this comprehensive text. Topics addressed include the law surrounding the funding and administration of mental health care in Canada, the principles of mental health law related to hospitalization and consent to treatment, the components of the criminal law of mental disorder, and mental health issues in the policing and correctional contexts. In addition, the authors offer focused treatment of mental health law issues facing specific populations, including children, the elderly, refugees and ethnic minorities.

This text is written by leading mental health law experts who bring years of practice, research and expertise to provide readers with a comprehensive resource which:

  • Presents the legal issues related to mental health in a comprehensive manner
  • Enables students and lawyers to learn this challenging subject matter quickly and effectively
  • Analyzes recent changes and developments in the law
  • Provides current information so lawyers can properly advise their clients
  • Discusses pressing and emerging mental health issues that are relevant to practitioners and their clients

Essential reading
This new release will be particularly useful for:

  • Health lawyers advising clients and in-house lawyers at health service providers as it is an up-to-date resource on mental health law and policy
  • Students looking for a comprehensive resource on mental health law written by leading academics
  • Government health workers and policymakers who need to consult a reliable reference volume
  • Law libraries that want to stock essential guides for lawyers and students

Featured Authors

Table of contents

Part 1: Themes and Governance
1. Mental Health and Disability in Canadian Law: Evolving Concepts, Concerns and Responses – Jennifer A. Chandler
2. Fragmented Law & Fragmented Lives: Canada's Mental Health Care System – Colleen M. Flood & Bryan Thomas
3. The UN Convention on the Rights of Persons with Disabilities and its Impact on Mental Health Law and Policy in Canada – Steven J. Hoffman, Lathika Sritharan & Ali Tejpar

Part 2: Treatment, Rights and Advocacy
4. From Insight (into Illness) to Incite (a Riot): Consent to Psychiatric Treatment in Canada – Sheila Wildeman
5. Involuntary Hospitalization and Treatment in Civil Mental Health Law: Some Controversies and Concerns – Sophie Nunnelley
6. Community Treatment Orders – John Dawson
7. Privacy Protection and the Confidentiality of Psychiatric Health Care Records – Elaine Gibson
8. Malpractice and Mental Health Care – Louise Bélanger-Hardy
9. The Governance of the Safety and Efficacy of Psychopharmaceuticals: Challenges and Opportunities for Reform – Trudo Lemmens & C. Tess Sheldon
10. Advocating for Persons with Mental Health Problems: Living Up to the Challenges of the 21st Century – H. Archibald Kaiser

Part 3: Mental Health Care in the Criminal Justice Context
11. Mental Health, Treatment and the Criminal Justice Process – Glen Luther
12. Mental Health Courts and Diversion Programs – Richard D. Schneider, Anne G. Crocker & Marichelle C. Leclair
13. Policing Mental Health Disabilities – Robin Whitehead
14. Mental Health Services in Canadian Corrections – Simon Verdun-Jones & Amanda Butler

Part 4: Diversity and Vulnerability
15. Mental Health Law for the Old: Defining the Category, Identifying the Issues – Margaret Isabel Hall
16. Mental Health Law and Children – Angela Campbell & Beth Mountford
17. Indigenous Peoples and Mental Health: The Role of Law and Policy – Constance MacIntosh
18. Race, Culture and Ethnicity in Mental Health Law and Policy – Ruby Dhand
19. Legal Issues Regarding Refugees and Mental Illness – Jamie Chai Yun Liew