People can’t put others away
Despite the fact mental health services have improved tremendously on the Canadian Prairies over the last 35 years, some people still fear someone might “put them away” in a mental hospital.
Improvements to mental health facilities and to legislation have eliminated the need for people to be fearful that they might be put away.
For one thing, families have no power over whether a person is admitted to a mental health ward, either voluntarily or against their will. Despite contrary popular belief, family members cannot detain someone in a mental health centre. A qualified psychiatrist has to make that decision.
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And if by chance it is necessary for a psychiatrist to admit a person to hospital against their will, a very detailed process guarantees that the person’s rights are respected. Not only does he have the right to appeal the decision to keep him in hospital to a panel consisting of a lawyer, a doctor and a layperson, but he also has access to a state-appointed person who helps him with preparing for that appeal and who will speak on his behalf.
Ordered by a judge
While people can only be admitted involuntarily into hospital by a psychiatrist, there are a number of ways they can be brought, against their will, to see a psychiatrist. One is if he appears in court and the judge believes it is important for him to be assessed by a psychiatrist. If the person is co-operative, this might be done on an out-patient basis. But if the person refuses to co-operate, he may be admitted to the mental health unit.
Another way is if a family doctor sees him, believes he urgently needs psychiatric help and he refuses to co-operate. The family doctor can sign a certificate giving police the power to pick up the person and take him to see a psychiatrist.
However, it is the psychiatrist, not the police or others, who decides if the person is ill enough that he needs to be in hospital, either for his own protection and well-being, or for the protection of others.
Psychiatrist decides
Another way a person can be brought against his will to see a psychiatrist is if someone makes an appointment with a magistrate.
This is done in the privacy of the judge’s chambers. The person then tells the judge the circumstances of why the other person needs to be examined by a psychiatrist. If the judge believes the situation warrants, he or she issues a warrant to authorize the police to take the person to see a psychiatrist. Again, it is the psychiatrist who makes the final decision.
Even after a person is admitted to hospital against his will, he can appeal the decision on a regular basis, since the order to detain him only lasts for a certain number of days. Every time the order is renewed, he can appeal it.
It is tragic, but a small number of people must be admitted to mental health wards and kept there for some time. But only a small fraction of people who use mental health facilities are there against their will. Most recognize they need help and get it on their own. That is the key to coping most effectively with life – recognizing and knowing that you need help, and then reaching out.
