Mental Health and the Law (LAW266H1S)

Note: This course satisfies the Perspective course requirement.

This seminar deals with the intersection between mental health and the law. The seminar will explore the legal rules and legal regimes that apply when people are diagnosed with mental illness and introduce students to some of the controversies in mental health law. The seminar will first discuss briefly the historical developments in mental health law and the key concepts such as mental disability, mental illness, and capacity for decision making. The remainder of the seminar will deal with substantial issues in the law related to mental health. We will explore the rights of mental health patients, the procedures involved in involuntary commitment and the use of restraints, the rights and obligations of substitute decision makers, the legal and ethical issues raised by treatment and community treatment orders. The seminar will focus on issues in the civil law context, but may touch also in one or two sessions on how the criminal justice system deals with persons with mental health issues, particularly looking at alternative approaches within the criminal justice system that may promote the health and wellbeing of people with mental health issues. The seminar will consist of a combination of lectures, class discussions, and guest lectures by experts in the field. Participation in hearings of the Toronto Mental Health Court, The Ontario Consent and Capacity Board and the Review Board under the Criminal Code will also be facilitated on a voluntary basis.