Digest: Carlson v C.H., 2018 SKQB 48

Date:February 02, 2018

Reported as: 2018 SKQB 48

Docket Number: QBG 154/18 JCR , QB17433

Court: Court of Queen's Bench

Date: 2018-02-02


  • Krogan

Digest: The applicant, a health authority, applied for an order pursuant to s. 24.1 of The Mental Health Services Act directing the 16-year-old respondent be detained at a psychiatric facility for a period not exceeding one year for the purposes of obtaining treatment and/or care and supervision. The respondent did not oppose the order. Expert opinion was presented. The expert opined that the respondent suffered from schizophrenia and polysubstance use disorder. The respondent had spent time over the previous three years in psychiatric care. He abused marijuana and crystal meth. He exhibited violent behavior and suffered delusions. He was not compliant with treatment and was deemed at risk to harm himself and others. The expert testified that the respondent�s chance of recovery was greater with early intervention, a lengthy period in a structured therapeutic environment and if he was not using street drugs. He further testified that continued symptom manifestation and substance abuse would damage the respondent�s brain. The respondent did not qualify for other community supports, nor would social services resources meet his needs.
HELD: All necessary criteria in s. 24.1 were met. It was in the best interest of the respondent that he be transferred to the psychiatric facility for long-term treatment of one year. The respondent suffered from a mental disorder requiring care and supervision in a mental health centre (ss. 24.1(1)(a)), was unable to understand and make informed decisions regarding his need for treatment, continued to abuse drugs and was unable to appreciate the necessity of his treatment regime (ss. 24.1(1)(b)), was at risk

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