Centre for Addiction and Mental Health (CAMH)
This summer, Pro Bono Students Canada facilitated the opportunity for me to work at the Centre for Addiction and Mental Health (CAMH), one of North America's premier mental health research hospitals.
My work was divided between two areas: the Ontario Review Board (ORB) and the Consent and Capacity Board (CCB). The ORB supervises the treatment and rehabilitation of mentally ill individuals charged under the Criminal Code. The CCB reviews civil matters such as involuntary admission to hospital and capacity to consent to treatment. Alongside CAMH's in-house legal counsel, I represented the Hospital at hearings before the ORB and CCB. I participated in all aspects of the hearings, from compiling exhibits, to preparing expert witnesses, to conducting examinations and making submissions.
I also authored memoranda on key issues in mental health law for distribution within the Hospital and throughout Ontario. For example, I worked with CAMH's legal counsel and executive staff to formulate guidelines for the Hospital to use when prioritizing admission of mentally ill accused. Many individuals are ordered to come to CAMH by the ORB or by courts, but beds are often unavailable. These guidelines will enable CAMH and courts to determine whom to admit in a fair, consistent and legally viable manner.
During my time at CAMH, the Supreme Court of Canada ruled in R. v. Conway that the ORB is a "court of competent jurisdiction" under s. 24(1) of the Charter. As many Charter rights are implicated by the detention and supervision of mentally ill accused, such as ss. 7 and 9, Conway has great ramifications for the future of mental health law. The application of the Charter and the ORB's role are completely undefined, and research in this area is critical. I authored a report to provide the ORB with some guidance as to what impact Conway will have on their process and what remedies they will be able to grant.
The Donner Fellowship has given me in-depth mental health law experience that I would otherwise not have gained in the course of my law degree. I have learned about both the civil and criminal aspects of mental health law, and have developed litigation experience. Moreover, I have contributed meaningfully to CAMH's work in easing the suffering of a vulnerable population and improving the health and safety of all those in the community. I have loved this experience and the education that I am receiving will be invaluable to me in my future career. I am very grateful for the opportunity that PBSC provided me this summer.
