Advocacy |
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The Mental Health Act has been changed – finally! Bill 31 in its final form is available online at the Alberta Queen’s Printer website. On December 4, 2007, and after over a decade of persistent advocacy, the Schizophrenia Society of Alberta (SSA) received an early Christmas gift. On that day, the Mental Health Amendment Act 2007, or Bill 31, passed Third Reading in the Legislative Assembly of Alberta. It received Royal Assent three days later and now waits in the wings while the responsible government ministries prepare the rules and processes that will regulate its use. Once the bill is proclaimed, it will make significant positive changes to Alberta’s Mental Health Act. For those family members who have had to jump through hoops – often to no avail – trying to get help for an obviously sick loved one, these amendments are a substantial improvement to legislation that was, to a large extent, the primary cause of the obstacles you face(d). The amendments included in Bill 31 capture many of the suggestions that the SSA presented to the Standing Committee on Community Services between the Second and Third Reading. This Standing Committee was charged with examining the Bill and recommending changes based on the input of community and expert stakeholders. The following are the major amendments to be built into the Mental Health Act once Bill 31 finally comes into force: People can be treated involuntarily because they are deteriorating, not based on a determination of “dangerousness”. The eligibility criterion for involuntary admission has been changed from “likely to present a danger to the person or others” to “likely to cause harm to the person or others or to suffer substantial mental or physical deterioration or serious physical impairment”. The new criterion focuses on stopping the downward spiral caused by severe mental illness instead of treating all people living with it as some sort of potential threat to society. That is, in our opinion, a big gain against the stigma that surrounds mental illness. Mandatory treatment can happen in the community as well as the hospital with the introduction of Community Treatment Orders (CTOs). As recommended by the SSA, a person does not even have to enter the hospital to benefit from this important legal tool to overcome the lack of insight that prevents many people from adhering to treatment that can help them. As long as two doctors (such as a family doctor and a psychiatrist) agree that the person has exhibited a history of repeated cycles of discontinuing treatment and consequent deterioration, a CTO can be issued to ensure that the person receives what they need to help them continue to live in the community. In addition, there are new requirements for information sharing that give family doctors notification and recommendations for continued treatment when a person is discharged. Other changes apply to the Health Professions Act and the Health Information Act. The Mental Health Amendment Act comes into force upon proclamation, which could take several months as the affected Ministries, professionals, and service providers prepare for its use. This legislation is a much-needed step in the right direction. Nonetheless, there are still substantial changes to professional practice and coordination/availability of essential services that are required for the mental health system to be as effective as it needs to be. Our letters (including those you, our members, sent) to the province’s MLAs were crucial to demonstrating that the amendments were absolutely necessary: on several different occasions, MLAs have remarked about the hundreds of letters they received from people supporting the SSA’s position on Bill 31. As much as the SSA would love to take sole credit for this huge milestone towards effective mental health care, this accomplishment would not have happened without the cooperation of the various agencies, professionals, and other stakeholders who, for once, seemed to be on the same page with common goals. Add to this the unexpected (but obviously welcomed) initiative on the part of our government – especially by Reverend Tony Abbott – MLA for Drayton Valley-Calmar and the Minister of Health and Wellness, the Honorable Dave Hancock – to change the way the mental health system cares for our loved ones, and you have a recipe for success. The SSA thanks all of our members and friends who supported this advocacy initiative. We are also deeply grateful to Dr. John Gray, former President of the Schizophrenia Society of Canada and co-author (along with SSA Honorary Member Margaret Shone, QC) of Canadian Mental Health Law and Policy for educating the SSA Provincial Advocacy Committee regarding mental health law in other jurisdictions. Please feel free to celebrate this accomplishment with a great deal of fanfare. But keep in mind that our work will not end until we are entirely satisfied with the mental health system in Alberta. We, unfortunately, still have a long way to go before we get to that point. Giri Puligandla (Mr.), The following documents provide a background to the issue: Bill 31 – Mental Health Amendment Act 2007 Presentation to Standing Committee on Community Services (PDF)- Oct 1, 2007 SSA Position on Bill 31 with recommendations for improving it Letter to the Editor submitted to the Edmonton Journal by Ms. Anne Packer, SSA Advocacy Committee Chair Email sent to MLAs Heather Forsyth and Rob Lougheed by Mr. Jim Adamson, SSA Past President Report on the Legislated Review of Community Treatment Orders that was recently released by the Ontario government regarding implementation of CTOs in that province With your help there is hope!
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