Celebrating a BIG WIN – Important Judgment In Re OHENHEN and KALRA from the Court of Appeal beautifully written by Justice Tulloch for a unanimous 5 member panel of the Court overturning earlier Decisions of the Court. Treatment incapacity is no longer a bar to a conditional discharge term where the forensic psychiatric patient / client / accused commits to complying with treatment. This should result in substantially more conditional discharges by the Ontario Review Board.
Click to access 2018ONCA0065.pdf
http://www.ontariocourts.ca/decisions/2018/2018ONCA0065.htm
About Anita Szigeti
• Called to the Bar (1992)
• U of T Law grad (1990)
• Sole practitioner (33 years)
• Partner in small law firm (Hiltz Szigeti) 2002 - 2013
• Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-)
• (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007)
* Founding President of Law and Mental Disorder Association - LAMDA since 2017
* Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022
• Counsel to clients with serious mental health issues before administrative tribunals and on appeals
• Former Chair, current member of LAO’s mental health law advisory committee
• Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law)
• Thirty+ years’ experience as counsel to almost exclusively legally aided clients
• Frequently appointed amicus curiae
• Fearless advocate
• Not entirely humourless