Important Victory out of the Court of Appeal for Forensic Psychiatric Patient / Clients

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

 

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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
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