5,109
edits
Difference between revisions of "Mental Health Law and Legal Rights (14:IV)"
From Clicklaw Wikibooks
Mental Health Law and Legal Rights (14:IV) (view source)
Revision as of 22:33, 25 August 2020
, 22:33, 25 August 2020no edit summary
| Line 3: | Line 3: | ||
== A. Income Assistance == | == A. Income Assistance == | ||
Mentally ill persons may be eligible for benefits under the Persons with Disabilities (PWD) or Persons with Persistent and Multiple Barriers to Employment (PPMB) designations. Qualification requirements are strict, but decisions concerning eligibility can be negotiated with the Ministry of Employment and Income Assistance or if need be appealed. Disability Alliance BC assists with applications and appeals (for further details, see [[Introduction to Welfare (21:I) | Chapter 21: Welfare Law]]). There may be strict deadlines for these applications so it is important to not delay in these cases. | Mentally ill persons may be eligible for benefits under the Persons with Disabilities (PWD) or Persons with Persistent and Multiple Barriers to Employment (PPMB) designations. Qualification requirements are strict, but decisions concerning eligibility can be negotiated with the Ministry of Employment and Income Assistance or, if need be, appealed. Generally, a doctor must fill out a special form indicating that the person qualifies. Disability Alliance BC assists with applications and appeals (for further details, see [[Introduction to Welfare (21:I) | Chapter 21: Welfare Law]]). There may be strict deadlines for these applications so it is important to not delay in these cases. | ||
== B. Employment/Disability Income == | == B. Employment/Disability Income == | ||
| Line 9: | Line 9: | ||
If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, or CPP disability benefits, or WCB benefits if the mental illness is work related. For information on CPP disability benefits, see [[{{PAGENAME}}#D. Canada Pension Plan | Section IV.D: Canada Pension Plan]], below. Be aware that there are strict time limits involved when applying for these benefits. | If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, or CPP disability benefits, or WCB benefits if the mental illness is work related. For information on CPP disability benefits, see [[{{PAGENAME}}#D. Canada Pension Plan | Section IV.D: Canada Pension Plan]], below. Be aware that there are strict time limits involved when applying for these benefits. | ||
If a person is hospitalized in a psychiatric facility because of an injury at work, | If a person is hospitalized in a psychiatric facility because of an injury at work, they may be eligible for WCB benefits. Please contact the Workers Advisory Group through CLAS for more information, or refer to [[Introduction to Workers' Compensation (7:I) | Chapter 7: Workers' Compensation]]. | ||
== C. Employment Insurance == | == C. Employment Insurance == | ||
Individuals either voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the ''Employment Insurance Act'', SC 1996, c 23 is a very complicated piece of legislation, detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult the Act directly as a first step or to contact a lawyer knowledgeable in the issues (e.g. CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult Chapter 8 Employment Insurance. | Individuals either voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the ''Employment Insurance Act'', SC 1996, c 23 is a very complicated piece of legislation, detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult the Act directly as a first step or to contact a lawyer knowledgeable in the issues (e.g. CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[Introduction to Employment Insurance (8:I) | Chapter 8: Employment Insurance]]. | ||
== D. Canada Pension Plan == | == D. Canada Pension Plan == | ||
| Line 25: | Line 25: | ||
== F. The Right to Vote == | == F. The Right to Vote == | ||
Both voluntary and involuntary patients in mental health facilities have the right to vote. This has been the case since ''Canada (Canadian Disability Rights Council) v Canada'' (1988), 3 F.C 622, where it was decided that a person is not disqualified from voting on the basis that a committee has been appointed for | Both voluntary and involuntary patients in mental health facilities have the right to vote. This has been the case since ''Canada (Canadian Disability Rights Council) v Canada'' (1988), 3 F.C 622, where it was decided that a person is not disqualified from voting on the basis that a committee has been appointed for them. Polling stations are normally set up at long-term psychiatric care facilities; because enumeration also takes place at the facility, patients must vote in the riding where the hospital is located. | ||
== G. Human Rights Legislation == | == G. Human Rights Legislation == | ||
Under both BC and federal human rights legislation, it is | Under both BC and federal human rights legislation, it is illegal to discriminate with regard to housing, employment or services available to the public against a person who is mentally ill. For information on launching a human rights complaint, see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]. | ||
== H. Civil Responsibility == | == H. Civil Responsibility == | ||
In general, mental incompetence or disability is no defence to an action for intentional tort or negligence. However, where a certain amount of intent or malice is required for liability, the fact that the defendant lacked full capacity to understand what | In general, mental incompetence or disability is no defence to an action for intentional tort or negligence. However, where a certain amount of intent or malice is required for liability, the fact that the defendant lacked full capacity to understand what they were doing may relieve them of liability. A defendant who lacks the ability to control their actions will not be liable. Involuntary actions do not incur liability. Anyone responsible for the care of a mentally ill person may be held responsible if the plaintiff proves a failure to take proper care supervising the person. | ||
In civil suits, a guardian ''ad litem'' may be appointed to start or defend an action where a mentally ill person is a party and lacks the capacity to commence or defend that action. A person involuntarily detained under the MHA appears to meet the definition in the BC Supreme Court Rules of Court of a person under a legal disability for filing or defending a court action. Therefore, the person would need to proceed through a guardian ''ad litem''. The guardian ad litem could be a friend or a relative of the person, but could also be an organization, or another individual chosen and appointed by the court. | In civil suits, a guardian ''ad litem'' may be appointed to start or defend an action where a mentally ill person is a party and lacks the capacity to commence or defend that action. A person involuntarily detained under the MHA appears to meet the definition in the BC Supreme Court Rules of Court of a person under a legal disability for filing or defending a court action. Therefore, the person would need to proceed through a guardian ''ad litem''. The guardian ad litem could be a friend or a relative of the person, but could also be an organization, or another individual chosen and appointed by the court. | ||
| Line 66: | Line 66: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 14, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
