Media
May 26, 2000
The London Free Press
New law to force treatment not needed
The Psychiatric Patient Advocate Office (PPAO) is a quasi-independent program of the Ministry of Health and Long-Term Care, established in 1983.
We do not speak on behalf of the Ministry of Health and Long-Term Care. We work for the rights of inpatients in Ontario's nine Provincial Psychiatric Hosptials and at the Centre for Addiction and Mental Health.
Recently the Ministry introduced legislation - Community Treatment Orders (CTOs) - that will force psychiatric treatment on some patients with mental illness. For many this raises concern over the rights of the individuals that would be affected.
We would argue there already exists adequate measures under the Mental Health Act, Health Care Consent Act and Substitute Decisions Act to detain and treat individuals.
The Health Care Consent Act provides doctors with a mechanism to determine whether a person is capable of making treatment decisions. The assessment that a person is incapable of consenting to treatment includes a determination of whether the person can understand the relevant information and appreciate the consequences. This applies to all treatments in all settings.
All Ontarians are presumed to have the right to accept or refuse treatment. But if a physician finds a person is incapable of consenting to a treatment, a substitute decision-maker will make treatment decisions. If the substitute consents, treatment can proceed whether the person wishes to receive it or not. Thus, the mechanism already exists to provide treatment.
The PPAO is concerned that Community Treatment Orders will divert and focus scarce resources on policing medication compliance instead of providing community resources. Further, CTO's will not address the lack of support nor the long waiting lists encountered by individuals voluntarily seeking service.
Instead of more legislation, the government would be wise to put it's energy and resources into educating physicians and other health practitioners on the current legislation.
The government should invest in infrastructure and community support programs to help those with mental illness to secure affordable and safe housing, meaningful and gainful employment, and access to treatment and services in their own community so that they can participate fully in society.
We assert that the current legislation is adequate and that treatment should not be forced on people. Instead an environment must be created which is supportive, understanding and which offers treatment in an environment free of fear, coercion and intimidation.
Sincerely,
David Simpson
Patient Advocate
St. Thomas Psychiatric Hospital
