Ruby and I co-taught this amazing Elective course on Mental Health Law within the Health Law LLM Program at Osgoode PD over the course of three days on Feb 23, 24 and 25, 2023.
Here is a brief description of the course outline – although we made significant revisions to it later, to include a ton more content on the criminal law.
https://osgoodepd.ca/professional-development/certificates/mental-health-law/
This outline was posted by a previous instructor whose focus was predominantly on the civil side.
Ruby and I reorganized the course to follow along with our book, in a more even-handed way, splitting our time between civil and criminal systems.
OUR COURSE OUTLINE:
Individuals with mental health issues are marginalized by society and exceedingly vulnerable during any contact with the law. Through an examination of mental health law and policy in the civil and criminal contexts, this course will grapple with the unique barriers faced by people with mental health disabilities in the justice system. Students will examine civil mental health laws and policies in Canada including: civil mental health legislation; involuntary psychiatric admission procedures; consent and capacity issues in relation to treatment; substitute-decision making and administrative review proceedings before the civil mental health tribunals.
This course also addresses how the criminal justice system addresses “mental disorder” including; fitness to stand trial; findings of “not criminally responsible;” issues arising in policing and corrections; policies of diversion through the Mental Health Courts; the criminalization of persons with mental health issues; the provision of mental health services in the correctional system and administrative proceedings before Criminal Code (forensic mental health) review boards.
Additional topics include: Indigenous peoples and mental health law; the intersections of mental health law with race, culture, ethnicity, class, gender and other social factors; Coroner’s Inquests; representing clients with mental health issues and mental health in the legal profession; professional standards and best practices in advocacy; trauma-informed lawyering and increasing access to justice.
WHAT AN AMAZING CLASS – WE LEARNED SO MUCH OURSELVES!
Our student body was quite brilliant — from all walks of professional life.
What an enjoyable experience teaching such engaged students has been.
We invited the contributing authors from our Law and Mental Health In Canada casebook to guest lecture, along with other prominent members of forensic psychiatry and the mental disorder bar.
It was wonderful to see the new book in action. This was the first cohort of students to use the new volume as their required text. It was purpose built for students and just in time for this course!
Thrilled to hear the feedback that the book was much beloved and found to contain zero typos!!
We look forward to hearing what everyone else who will be using it in the coming term and years thinks!
Way to go everyone involved in making this book a reality!
And our profound thanks to our guest Faculty this year including:
Kendra Milne
Amy Shoemaker
Dr. Rob McMaster
Naomi Sayers
Sarah Rankin
Cassandra DeMelo
Jacqueline Petrie
Lauren Barney
Bonnet, Dena
Dr. Mark Pearce
Michelle O’Doherty
Dr. David Eden
Jennifer Chambers
Rick Frank
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