Supreme court of Canada's "Beautiful Mind" case.
The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.
Gray
John E
JE
University of Western Ontario, Canada. jegray@shaw.ca
O'Reilly
Richard L
RL
D014150:Antipsychotic Agents / Q000008:administration & dosage / Q000009:adverse effects; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007298:Insanity Defense; D007603:Jurisprudence; D008297:Male; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D008875:Middle Aged; D009864:Ontario; D010351:Patient Discharge / Q000331:legislation & jurisprudence; D011618:Psychotic Disorders / Q000175:diagnosis / Q000523:psychology / Q000534:rehabilitation*; D019233:Retreatment; D016312:Treatment Refusal / Q000331:legislation & jurisprudence*
D014150:Antipsychotic Agents