National Post Story looks at Indefinite Detention under the Review Board – August 18 2020

I am quoted at length in this piece about Mr. Wiebe, an accused under the ORB. The comments attributed to me are excerpted below:

“Seclusion and restraint, whether mechanical like being strapped to a bed, chemical like being injected with tranquilizers, or environmental like being confined to seclusion room, is an “extremely troubling area that right now requires a lot of scrutiny,” said Anita Szigeti, a leading Ontario mental health lawyer, and co-author with Michael Davies of the new book A Guide to Mental Disorder Law in Canadian Criminal Justice.“

“For accused persons in the Review Board system, nothing that happens to them is lawfully punitive, because the system is not about punishment,” said Szigeti, who is not involved in Wiebe’s case. She says restraint in general “poses risks of injury or death, and is never justified as a punishment… Everything is meant to be therapeutic.”

“Decision makers are human,” the legal expert Szigeti said. Long-term detainees in the Review Board system can come to seem recalcitrant, incorrigible, hopeless.

“In a way the system gives up because the system is mad at them, and it shouldn’t be.”

But personality disorders like Wiebe’s are different, involving pathological manipulation and resistance to authority.

“Psychiatry doesn’t have an answer for it, so it doesn’t try to do much,” as Szigeti put it. People with personality disorders ”get stuck.”

https://nationalpost.com/news/it-was-just-meds-and-lock-him-up-a-different-kind-of-life-sentence-for-earl-joel-wiebe/

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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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