E.W. v. Alberta Hospital (Edmonton), (1999) 249 A.R. 122 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 16, 1999
• Citations: (1999), 249 A.R. 122 (QB)

E.W. v. Alta. Hospital (1999), 249 A.R. 122 (QB)

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. AU.016

E.W. (applicant) v. Alberta Hospital (Edmonton) (respondent)

(Action No. 9903-03974)

Indexed As: E.W. v. Alberta Hospital (Edmonton)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

July 16, 1999.

Summary:

W. was detained as a formal patient under the Mental Health Act. The Mental Health Review Panel refused his application to cancel certain renewal certificates issued in relation to him. W. appealed by way of trial de novo under s. 43 of the Act.

The Alberta Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 1392

Security of the person - Health care (incl. mental health) - Committal - The Alberta Court of Queen's Bench stated that "[t]he Mental Health Act of Alberta has at its core balancing of the rights of mentally ill people with that of society in general. Implicit in the legislation is a recognition that society has a responsibility to help those persons whose mental health illness is so severe that the solution is their invol­untary confinement in a hospital staffed with persons trained to assist them. I would agree that a patient who is detained involuntarily pursuant to the Mental Health Act must be treated in a manner which affords them the maximum amount of liberty compatible with the goals of fair­ness to the individual whose freedom has been curtailed and protection of the patient and the public." - See paragraph 57.

Persons of Unsound Mind - Topic 202

Committal - Involuntary committal - Gen­eral - Patients' rights - [See Civil Rights -Topic 1392 ].

Persons of Unsound Mind - Topic 293

Committal - Involuntary committal - Review - Cancellation of committal orders - W. was detained as a formal patient under the Mental Health Act - The Mental Health Review Panel refused to cancel certain renewal certificates respecting W. - W. appealed - The Alberta Court of Queen's Bench dismissed the appeal where the hospital proved, on a balance of prob­abilities, that W. was: suffering from a mental disorder; in a condition presenting or likely to present a danger to himself or others; and unsuitable to continue at a facility (hospital) other than as a formal patient - There were previous incidents of unpredictable, sudden, significant self-harm and a current mental disorder which was largely unresponsive to treatment - The risk was imminent in the sense that it was ever present.

Persons of Unsound Mind - Topic 293

Committal - Involuntary committal - Review - Cancellation of committal orders - W. was detained as a formal patient under the Mental Health Act - The Mental Health Review Panel refused to cancel certain renewal certificates respecting W. - W. appealed - The Alberta Court of Queen's Bench held that the fact that W. was granted leaves of absence did not imply that he no longer met the criteria for renewal certificates - See paragraph 29.

Cases Noticed:

McKay v. O'Doherty, [1989] O.J. No. 965 (Dist. Ct.), refd to. [para. 30].

M. v. Alberta (1985), 63 A.R. 14 (Q.B.), refd to. [para. 36].

Foran v. O'Doherty, [1986] O.J. No. 2146 (Dist. Ct.), refd to. [para. 39].

B.T. v. Alberta Hospital et al., [1997] A.R. Uned. 434 (Q.B.), refd to. [para. 40].

Winko v. Forensic Psychiatric Institute (B.C.) et al. (1999), 241 N.R. 1; 124 B.C.A.C. 1; 203 W.A.C. 1 (S.C.C.), refd to. [para. 44].

R. v. Swain, [1991] 1 S.C.R. 933; 125 N.R. 1; 47 O.A.C. 81; 63 C.C.C.(3d) 481; 5 C.R.(4th) 253, refd to. [para. 44].

Director of Michener Centre v. Tribe (1993), 10 Alta. L.R.(3d) 125 (C.A.), refd to. [para. 52].

Orlowski v. Forensic Psychiatric Institute (B.C.) et al. (1999), 241 N.R. 119; 124 B.C.A.C. 237; 203 W.A.C. 237 (S.C.C.), refd to. [para. 54].

Bese v. Forensic Psychiatric Institute (B.C.) et al. (1999), 241 N.R. 131; 124 B.C.A.C. 226; 203 W.A.C. 226 (S.C.C.), refd to. [para. 54].

R. v. Lepage (D.L.) (1999), 241 N.R. 142; 122 O.A.C. 184 (S.C.C.), refd to. [para. 54].

Statutes Noticed:

Mental Health Act, S.A. 1988, c. M-13.1, sect. 8(1) [para. 23].

Authors and Works Noticed:

Arboleda-Florez, Julio and Copithorne, Margaret, Mental Health Law and Prac­tice (1994), p. 1-53 [para. 39].

Black's Law Dictionary (6th Ed. 1990), p. 925 [para. 42].

Oxford English Dictionary (2nd Ed. 1989), vol. 8, p. 949 [para. 42].

Counsel:

Robert J. Bouvier, for the applicant;

Katrina M. Haymond, for the respondent.

This appeal was heard by Lee, J., of the Alberta Court of Queen' Bench, Judicial District of Edmonton, who delivered the following decision on July 16, 1999.