Instructor(s): Trudo Lemmens

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.

Evaluation
Will be based on a research or advocacy oriented paper of 6,000 to 7,000 words (85%), class participation and attendance (5%), and 4 short submissions on the reading materials (10%), which are aimed at stimulating participation. A proposal for the final paper needs to be submitted by the students prior to March 1, 2025. The instructor may ask to address specific questions in the paper. The submissions will consist of a 300 to 700 (max) word commentary/reflection on one to three selected readings of a session. They can be posted via Quercus either as an open commentary on the Discussion Page of the course, or as a direct submission (through the Assignments function also on Quercus). The submissions will not be graded (pass/fail: pass if they are submitted as per the instructions). Guiding questions will normally be provided for each session to help with the selection of the readings and to help focus the commentary. Except for the introductory session, commentaries need to be submitted by 10 am the morning of the class. Students can select for which sessions they submit a commentary. For the first session, comments can be submitted during the week following the session.
Academic year
2024 - 2025

At a Glance

Second Term
Credits
3
Hours
2
SUYRP
Perspective course

Enrolment

Maximum
30

16 JD
10 LLM/SJD/MSL/SJD U

4 others

Schedule

T: 4:10 - 6:00 pm