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Canada (162,457)
York University (12,903)
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PSYC 3140 (267)
Chapter 16

Chapter 16 abnormal psyc.docx

9 Pages

Course Code
PSYC 3140
Stephen Fleming

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Ch 16 1Chapter 16Mental Health Services Legal and Ethical Issues Civil Commitmentlegal system exercises significant influence over the mental health system for better or for worseeach province and territory has civil commitment laws Legal proceedings that determine a person has a mental disorder and may be hospitalized even involuntarily Criteria for Civil Commitmentmost provincial legislation permits commitment when the following three conditions have been met1 The person has a mental disorder2the person is dangerous to himself or herself or others3 the person is in need of treatmentAll Canadian jurisdictions require the second of these three criteria and some but not all also require the first and thirdAlthough every Canadian jurisdiction but one ie Qubec requires that a person have a mental illness before he or she can be detained under civil commitment legislation the definition of mental illness differs across jurisdictionEx British Columbia defines these terms very broadly ie the person requiring hospitalization to prevent his or her substantial mental or physical deterioration Broad definitions such as this one can require a great deal of subjective judgment from the court and from mental health professionals In contrast Ontario defines these terms much more strictly ie requiring that the persons mental disorder will likely result in serious bodily harm or imminent and serious physical impairment to himself or herself or to another person Canadian jurisdictions also differ on several other issues pertaining to civil commitment such as i whether the patient has the right to refuse treatment ii the right to be informed of the reasons for the hospital detention iii the right to apply to a review panel that can grant a discharge from the hospital ivthe specified right to legal counselgovernment justifies its right to act against the wishes of an individualin this case to commit someone to a mental health facilityunder two types of authority 1 police powerUnder police power the government takes responsibility for protecting the public health safety and welfare and can create laws and
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