More on Treatment under the Mental Health Act
Information that must be given to patients upon issue of admission or renewal certificates Review of admission and renewal certificates Patient's rights under Mental Health Act Legal resources Discharge from mental health facility
Information that must be given to patients upon issue of admission or renewal certificates
Admission and renewal certificates must contain detailed information as required by the Act. As a patient, you must be told why certificates have been issued and that you have a right of appeal to a mental health review panel for cancellation of the certificates. You must also be given a copy of the certificate and information about how long you will be detained.
The information must also be given to:
Review of admission and renewal certificates
You, your guardian, an agent acting under a personal directive, or someone else acting on your behalf can initiate a review. Every mental health facility has a review panel. The panels have chairs and vice chairs who are lawyers, and members who include doctors, psychiatrists, and the general public.
You and your representatives can be present at the hearings and can ask questions of anyone who presents evidence to the panel. You can access information about the review, but may be refused access to information if the panel feels that it might endanger the safety of another to disclose it. At the hearing, the board of the mental health facility where you are detained has the onus of proving that you should remain there because you suffer from a mental disorder and are in a condition whereby you are or might be a danger to yourself or others.
The review panel must make a decision within twenty-four hours of hearing the application and relate the decision to you within forty-eight hours. The panel can uphold or cancel the admission or renewal certificate. A decision to uphold the certificate must include written reasons. This decision can be appealed to the Court of Queen's Bench within fourteen days of the decision. Any appeal to court must be based upon principles of administrative law. It is advisable to seek legal advice for an opinion about an appeal.
You, or those serving on your behalf, can apply for a review of further admission or renewal certificates that apply to you if there has been a significant change in your circumstances since the previous hearing. When you have been detained for six months without any review of certificates, the review panel must meet with you and review the certificate.
Patient's rights under Mental Health Act
As well as the rights of review of decisions concerning medical treatment, you also have the following rights:
Legal resources
Legal Aid is available for all patients appearing before review panels. The aid is provided in the form of duty counsel. The normal financial eligibility rules do not apply and all patients are entitled to receive the service.
Duty counsel is not available for any appeal of the decision of a review panel or any other kinds of legal challenges about mental health care. Legal Aid may help, but the normal eligibility rules do apply.
If you have formal patient status in a mental health facility, you can access the Mental Health Patients Advocate. The Advocate will provide information to you, your family, friends and advocates about your legal rights under the Mental Health Act. The Advocate will also investigate complaints about your care and treatment, conduct inquiries on the way you are dealt with, and make recommendations on specific cases and general issues.
Discharge from mental health facility
Once a formal patient no longer meets the criteria for an admission or renewal certificate, a doctor can cancel the certificates. In this circumstance, you might remain in the facility on a voluntary basis or be discharged. The board of a facility must try to give notice of a discharge to your guardian or nearest relative, unless you object. If a certificate of incapacity with respect to the Dependent Adults Act exists in relation to you, that fact must be related in the notice.
Funding for OakNet is provided by the Alberta Law Foundation.
Updated: October 9, 2003
If you agree, the information will also go to your nearest relative. The hierarchy of relatives who are considered to be nearest is set out in the Act.
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