You, Mental Health Law and Catch 22: A Layman’s Narrative
The age old family relationships of next-of-kin have changed with the new Canadian Constitution. Privacy Law and Capacity have been amended leaving the patient and our society worse off. Nobody told us! The patient having a Power of Attorney for Personal Care (POAPC) has all the laws work for him. Without a POACP, all the laws are against the patient and it’s a very expensive uphill battle to defend oneself and get the care needed which has been paid for by your benefits insurance.
Litigation is used by medicine to regulate efficacy which works well except in mental health. You as a patient are not considered a reliable witness and your testimony is not accepted at law. This has the effect of cancelling the process. Catch 22 at its finest.
Mental health courts by law use the kangaroo court style where hearsay evidence, confirmation bias, no under oath cross-examination is allowed. There is no due process as guaranteed under the Constitution. Lawmakers, judiciary, law enforcement, medicine all know this but this debacle continues unabated. Risk Reduction holds the remedy. That remedy is to stop it before it begins.
Defects in the administration of “mental health law” criminalize illness while allowing the service provider to escape with impunity.
You are expected to be responsible for your own health care decisions. This requires you to have legal capacity. By definition having been admitted to a mental health facility you don’t possess legal capacity. Welcome to Catch -22.
Risk Reduction uses scrutiny and intimidation (service provider knows who we are) to ensure a valid diagnosis and clinical pathway to wellness.