ARCHIVED VIDEO STREAM
This is the archived version of a program presented on April 12, 2011. This will not become available until 2 weeks after the orginal program date. To order this format please click on the "REGISTER NOW" button.
Focus: Canvass the impact of Charter litigation on mental health administrative law; know your legal and ethical obligations and obtain practical tips for dealing with self-represented litigants, particularly those with mental health issues; analyse the law and practical concerns regarding searches within health care facilities.
Highlights:
- Analyzing the impact of the Supreme Court of Canada decision in R. v. Conway on administrative tribunals in the health law context.
- Self-represented litigants, particularly those with mental health issues and the need to appoint amicus.
- The impact of the Bon Hillier v. Milojevic and Cavalier v. Ramshaw decisions on CCB appeals and practical tips for dealing with self-represented litigants.
- How to handle searches at a health care facility and what are patients' rights when a request for search is made
| Program Chairs: |
Nyranne Martin, Centre for Addiction and Mental Health
Barbara MacFarlane, Torkin Manes, LLP
Michele Warner, Borden Ladner Gervais, LLP |
9:00 am Introductory Remarks
9:05 am Post-Conway Administrative Tribunal Litigation
- What is the current effect of R. v. Conway on administrative tribunal litigation?
- How are Charter jurisdiction and analysis impacting Tribunal processes and decisions?
- In which kinds of hearings are Charter applications/arguments most likely to be raised?
- Panel discussion with perspectives from academia, practitioners and members of Boards.
Moderator: Nyranne Martin, Legal Counsel, CAMH
Panel: Dean Lorne Sossin, Osgoode Hall Law School
Joe Wright, Legal Counsel, Ontario Review Board
Lora Patton, Board Member, Consent and Capacity Board
Anita Szigeti, Hiltz Szigeti LLP
10:30 am Break
10:45 am Self-Represented Litigants in the Health Law Context
- What are counsel's legal and ethical responsibilities in dealing with self-represented litigants, generally in the health law context, and particularly in the mental health law context?
- When should amicus be appointed in hearings and on appeals?
- What is the Court's perspective on the duties of amicus?
- What is the impact of the recent Bon Hillier and Cavalier decisions on self-represented litigants on CCB appeals?
- Panel discussion with perspectives from practitioners and the judiciary.
Moderator: Barbara MacFarlane, Torkin Manes, LLP
Panel: Janice Blackburn, Bersenas Jacobsen Chouest Thomson Blackburn LLP
The Honourable Paul M. Perell, Superior Court of Justice
Mercedes Perez, Swadron Associates
11:45 am Searches and Contraband within Health Care Facilities
- What is the legal authority for searching a patient, a patient's belonging and/or a patient's room?
- How can searches be conducted in a clinically-sound, respectful, ethical and Charter-compliant manner?
- How should healthcare facilities manage, oversee and dispose of contraband and monitored items?
- Obtain practical tips from clinical, legal, ethical and organizational perspectives.
Moderator: Michele Warner, Borden Ladner Gervais LLP
Panel: Mary Jane Dykeman, Dykeman Dewhirst O'Brien LLP
Barbara Russell, Bioethicist, CAMH
Linda Mohri, Administrative Director, CATS, CAMH
12:45 pm Question Period/Concluding Remarks
1:00 pm Program Concludes
