What are your rights as a psychiatric patient?
September 2006
The rights listed below are a guide to a psychiatric patient's legal rights based on legislation and case law. This is not a complete list.
- You have the right to the same rights and privileges of any person in Ontario, subject to the exceptions specifically set out in the Mental Health Act.
- You have the right to accept or refuse treatment if you are capable of making treatment decisions.
- You have the right to make informed decisions about your treatment.
- Health practitioners must explain the following things to you about the treatment before you make a decision:
- the nature of the treatment;
- expected benefits;
- material risks;
- material side effects;
- alternative courses of action; and
- the likely consequences of not having the treatment.
- You have the right not to be detained in a psychiatric facility unless you meet the criteria in the Mental Health Act or the mental disorder provisions of the Criminal Code of Canada.
- You have the right to leave the hospital and not be restrained if you are a voluntary or informal patient.
- You have the right to refuse to sign a discharged against medical advice (AMA) form when leaving the hospital.
- You have the right to be informed of the reasons for involuntary detention and receive copies of the relevant documents signed by the doctor if you are an involuntary patient.
- You have the right to make decisions about your money and your belongings if you are capable of making decisions about property.
- You have the right to consent to the collection, use and disclosure of your personal health information if you are capable of making these decisions.
- You have the right to access and correct your personal health information (subject to some exceptions).
- You have the right to challenge findings made by your health practitioner before the Consent and Capacity Board if you are:
- incapable of making treatment decisions;
- incapable of making financial decisions;
- incapable of making decisions about collecting, disclosing or using your personal health information;
- detained as an involuntary patient in a psychiatric facility;
- an informal patient in a psychiatric facility (if you are between the ages of twelve and fifteen); or
- put on a community treatment order.
- You have the right to receive rights advice if you are in hospital and your health practitioner made a finding that you are:
- incapable of making treatment decisions;
- incapable of making financial decisions;
- incapable of making decisions about collecting, disclosing or using your personal health information;
- an informal patient (if you are between the ages of twelve and fifteen);
- detained as an involuntary patient; or
- being considered for issuance or renewal of a community treatment order while in hospital or living in the community.
- You have the right to have a hearing before the Consent and Capacity Board within seven days after the Board receives your application. Additionally:
- You have the right to either represent yourself or have a lawyer represent you.
- You have the right to receive assistance from Legal Aid Ontario if you have limited financial means and you satisfy their financial criteria.
- You have the right, if you wish, to give evidence at the hearing.
- You have the right to call witnesses to support your case at the hearing.
- You have the right to choose whether to attend or not to attend the hearing.
- You have the right to receive a decision within one day after the hearing ends.
- You have the right to request written reasons for the decision within thirty days of the decision.
- You have the right to send and receive written communications without interference (subject to some exceptions).
- You have the right to vote, if eligible, in any municipal, provincial or federal election.
- You have the right to have care provided by regulated health professionals consistent with their standards of professional conduct and codes of ethics.
- You have the right to make complaints about a doctor, nurse or social worker or other regulated health professional to their respective self-regulating college if you think they have not acted appropriately toward you.
- You have the right to make a complaint to the Information and Privacy Commissioner if you feel your privacy rights have been violated.
- You have the right not to answer questions asked by the police.
- You have the right to confidentiality, in accordance with provincial legislation.
The rights listed below are a guide to commonly accepted "rights" based on different sources, including ethical norms, best practices and policies of the various colleges regulating health practitioners. This is not a complete list.
- You have the right to be treated with respect and dignity.
- You have the right to express opinions and be heard.
- You have the right to receive care and treatment in a safe and secure environment free of abuse, neglect, coercion, discrimination and harassment.
- You have the right to communicate in a language and manner that allows you to understand the information being given to you.
- You have the right to meet with or contact clergy or other spiritual advisers and to participate in religious and spiritual observances.
Questions?
- Contact the Psychiatric Patient Advocate Office if you have any questions with respect to your rights. Our phone number is (416) 327-7000 or 1-800-578-2343.
- Additional information about many of these topics can be found on our website: www.ppao.gov.on.ca.
