Dr. Ruby Dhand and I complete teaching the Mental Health Law Course in the Health Law Professional LLM at Osgoode PD – Feb 20-22, 2025

This was the second time that Ruby and I served as co-Directors of this important program offered as an elective through Osgoode PD within the Health Law Professional LLM degree. We choose to offer it as an “intensive” module, which is truly very intense – running through three days, including a Saturday!

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The course description in brief is found here: https://osgoodepd.ca/academic-programs/professional-llms/health-law/ by choosing the Mental Health Law tab in the Elective Courses Menu

EXPANDED COURSE DESCRIPTION

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 examinecivil 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.

GUEST LECTURERS and Our Wonderful Students

This term we had the benefit of amazing guest lecturers who absolutely wowed our students with their expertise, their wisdom and authenticity. A truly national student body, faculty and multidisciplinary composition mirrored the approach taken in our required text, the Canadian Anthology on Mental Health and the Law.

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 and our Canadian Anthology on Mental Health and the Law to guest lecture, along with other prominent members of forensic psychiatry and the mental disorder bar.

It was wonderful to see the newest book in action. This was the first cohort of students to use the new volume as their required text. It was purpose built for the advanced professional students and just in time for this course!

https://store.lexisnexis.com/en-ca/products/canadian-anthology-on-mental-health-and-the-law.html

Thrilled to hear the feedback that the book was much beloved!!

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 as always, our profound thanks to our guest Faculty this year including:

Dr. Rob McMaster
Naomi Sayers
Sarah Rankin
Cassandra DeMelo
Marie Dufort
Bonnet, Dena
Dr. Mark Pearce
Dr. Yedishtra Naidoo
Dr. David Eden
Jennifer Chambers
Rick Frank

Michael Feindel
Robert Cunningham
Kirstin Macrae
Shira Brass

Last, but certainly not least, my eternal thanks to Ruby, who makes teaching this course and so many other wonderful things in both my professional and personal life possible – genuinely blessed to have her in my life these last 15+ years now. Life is what we make of it and we’ve outdone ourselves here!

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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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