Law and Mental Health in Canada: Cases and Materials

Law and Mental Health in Canada: Cases and Materials addresses important aspects of both individual and systemic advocacy on behalf of individuals with serious mental health issues. It surveys the field in all respects, addressing civil mental health legislation across Canada; the mental disorder provisions in the Criminal Code; other areas of criminal law where mental health is an issue; the representation of Indigenous clients with psychiatric histories; and Coroner’s Inquests into the deaths of persons in crisis at the hands of police and in institutional settings.

The book includes a special chapter on representing persons with serious mental health issues, as counsel or court-appointed amicus curiae, in all manner of legal proceedings. An anti-racist, anti-colonial and intersectional approach is also employed throughout. Trauma-informed and empathic representation is emphasized. This book also compiles every leading case and references to commentary that inform debate and thoughtful exploration of the key issues in this area of law. It offers an overview of the broad range of legal issues that arise in the real-life practice of mental health law.

Law and Mental Health in Canada: Cases and Materials is the product of a special team of Canadian authors with wide-ranging backgrounds from across the nation. The experience seasoned practitioners of mental health law bring to the knowledge and teaching expertise of the academics in the author group, together with the lived experiences of those who contributed content, all serve to enrich the book. It includes the insights of both lawyers and non-lawyer advocates to maximize the wealth of litigation and lived experience.