Mental Health Theory and Approach (14:III): Difference between revisions
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Mental Health Theory and Approach (14:III) (view source)
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Section 15(1) of the ''Canadian Charter of Rights and Freedoms'' [''Charter''] has made it easier to preserve the rights of those affected by mental health law, as was demonstrated in Starson v Swazey, 2003 SCC 32. However, most discriminatory legislation in BC remains unchallenged, including the MHA "deemed consent provisionsÈ and the Health Care Facilities Act "substitute decision making". All ''Charter'' challenges have been directed towards either the MHA or the ''Criminal Code''. The Community Legal Assistance Society may be able to assist with serious ''Charter'' challenges, including test litigation. | Section 15(1) of the ''Canadian Charter of Rights and Freedoms'' [''Charter''] has made it easier to preserve the rights of those affected by mental health law, as was demonstrated in Starson v Swazey, 2003 SCC 32. However, most discriminatory legislation in BC remains unchallenged, including the MHA "deemed consent provisionsÈ and the Health Care Facilities Act "substitute decision making". All ''Charter'' challenges have been directed towards either the MHA or the ''Criminal Code''. The Community Legal Assistance Society may be able to assist with serious ''Charter'' challenges, including test litigation. | ||
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