Mandatory Inquests
The Psychiatric Patient Advocate Office (PPAO) is concerned about the number of patient deaths following admission to mental health facilities, immediately following discharge or when a person is denied admission to a mental health facility. We are also concerned that in many of these cases inquests are not held, despite urging from advocates, family members and other stakeholders.
In October 2002 the PPAO and the Chief Commissioner of the Ontario Human Rights Commission wrote independently to the Chief Coroner, Dr. James Young to express concern with respect to section 10(2) of the Coroners Act. The section states that when a person dies while resident or in-patient in a psychiatric facility the Coroner has the discretion to decide whether an inquest ought to be held. Alternatively, Section 10(4) of the Act states that "the Coroner shall issue a warrant to hold an inquest" when an individual dies while in the custody of a peace officer or correctional institution. From our perspective, and from the perspective of the Ontario Human Rights Commission, the Act as it is presently written provides a different level of protection and scrutiny for individuals who are being held by law in psychiatric facilities. We think that this needs to change!
The PPAO has asked that the Act be amended to require a formal inquest in the event of a death of an involuntary patient in a psychiatric facility. On January 7, 2003 the PPAO wrote to stakeholders, including consumer-survivor organizations across Ontario informing them of the PPAO's position on mandatory inquests and asking them to write to the Chief Coroner of Ontario if in support of this position. Several groups wrote to the Coroner in support of the PPAO's position and since that time the PPAO has met with the Coroner's Office to provide additional information about our issues and concerns.
The PPAO continues to work on this systemic advocacy initiative and to advance the position that mandatory inquests for involuntary patients are essential. Updates will be posted as they become available.