Vol. 4 No.1 - Psychiatric Survivor Archives of Toronto

Phoenix Rising 31Additional and MostUnusual Changes to Haveto Argue ForThe changes I am referring to are the changes contained inthe unproclaimed amendments. Pressure should be put onthe government (a) to account for the delay in proclaimingthe unproclaimed amendments and (b) to proclaim theseamendments. The amendments have been lying on the booksinoperant for a couple of years now. Everyone I talked to atthe Ministry assured me that it was "very, very unusual"indeed, "quite irregular", for amendments to "just liearound like that." "Everything is up in the air," I was told.No explanation was offered for the delay or for theseemingly confused state of affairs. An inquiry into it andthe setting of proclamation dates is in order: and the government,I suspect, can be brought to appreciate this. There arevery, very critical rights here - rights which wouldsignificantly improve the position of psychiatric patients inthis province. Just to remind you of some of them, theyinclude: the right to see copies of all written material that willbe presented in a review hearing, the right to be informedwhen the time for possible hearings comes around, and, mostsignificantly of all, THE RIGHT TO APPEAL ADECISION OF A REVIEW BOARD TO A COUNTY ORDISTRICT COURT. I am glad that the legislature saw fit toaffirm these rights, to pass this legislatuon. RIGHTS,HOWEVER, THAT HAVE NOT BEEN PROCLAIMEDAND SO CANNOT BE EXERCISED ARE NO RIGHTSAT ALL.Where to Get Help WhenYour Rights Have BeenViolatedThere are a number of societies which can advise you andwhich can give you the names of reliable lawyers. There arelawyers, correspondingly, who have a sense of commitmentin thill area and handle these cases for nothing. As lawyerCarla McKague puts it, however, there are "damned few"free lawyers around: so I wouldn't count on getting one.What will open doors is a legal aid certificate. Mostpsychiatric and ex-psychiatric patients qualify for legal aid,and there are a lot of lawyers who will not only take psychiatriccases where the person has a legal aid certificate but willhelp people obtain the certificate where they don't. Don'tjust choose any lawyer, though. To quote Carla again,"There are many lawyers who take on mental health cases,but most of them are poorly informed and subject to manybiases." Get the names of lawyers from self-help or othersocieties who understand what you are up against and whoknow which lawyers are reliable. Societies you could safelyturn to in Toronto include: On Our Own (699-3192),Friends and Advocates (247-6116) and Advocacy ResourceCentre for the Handicapped (482-8255). Helpful Ontario.societies outside of Toronto include: Psychiatric Associationof Timmins (705-233-2814), Self-Esteem Through Independence(London) (519-434-9178), and Society for the Preservationof the Rights of the Emotionally Distraught(Hamilton) (561-2118). While I cannot include it in mylist of 'reliables,' I would point out that if you are currentlyin a provincial mental health centre, another place you canturn to is the official advocacy office therein. A word ofcaution, though: while the advocacy office may well behelpful if you simply want your drugs changed, it is not clearthat it will be of much help if you are intending anythingmore radical. The advocacy officers are directly responsibleto officials in the Ministry of Health. Ergo, the advocacyoffices have an inherent conflict of interest. This flaw, thisweakness appears to be intentional. My own opinion?1. They were intended to be weak.2. They are largely a way of circumventing proclaiming anumber of the more important unproclaimed amendments. *ConcludingRemarksThis completes the article. My hope is that it will be ofhelp to you in exercising-your rights, helping protect therights of others, arguing for changes, and challengingviolations. My particular concern is that patients and expatientsinsist on the rights they have. I know that it is oftenterrifying to do so, especially if you are in a psychiatricfacility at the time or suspect that you may be again. It mustfeel a bit like arguing with the surgeon over his fees as hesharpens his scalpel and wheels you off to the operatingroom. Many people have told me that they just can't affordto make a fuss. They would be "made to pay for it." Theywould be "drugged to the hilt," etc. There is no question.This occurs and, indeed, it does act as a deterrent. I am notsuggesting that you take a risk you are genuinely convinced isdangerous or that you initiate any process you think willtrigger more panic than you can deal with. Two points,though. The first is tha, you are not alone. If you areworried about repercussions, advise people and have themcheck in on you regularly. If repercussion occurs, get intouch with an advocate: a lawyer. The second is that, forthe most part when punitive action does occur, the personhas complained informal/yo My experience suggests thatpeople lodging formal complaints are not only not treatedworse but tend to be treated better. This is especially evidentwhere 'outsiders' are involved as initiators and/or supporters(a good reason for not acting alone). In such cases, in fact,the better treatment often extends to family and friends. TheAldo Alvianni incident is instructive in this regard.Aldo Alviani received intermittent treatment at a numberof different psychiatric facilities. He was often administereddosages way in excess of CPS guidelines. Aldo Alviani neverlodged a formal complaint, though he did' grumble' abouthis treatment. This grumbling was ignored if not punished.Staff got used to the idea that very high dosages 'were called*In section 66 of the unproclaimed amendments, reference isrepeatedly made to area directors. According to this section,area directors are to be informed of involuntary admission, ofchanges in a patient's status, and of RIGHTS OF andpossible TIMES FOR review. The area director in question is"the area director for the area, in accordance with theLEGAL ACT, in which the psychiatric facility is located."What it looks like we have here is THE BEGINNING OFAN ADVOCACY SYSTEM WHICH WOULD COMEEQUIPPED WITH LA WYERS AND WOULD BEINDEPENDENT OF THE MINISTRY OF HEALTH. Mysense is that the Ministry had second thoughts about settingup the beginnings of such a system, so quickly brought in anUNEQUIPPED AND FLAWED system, that ISDlRECTL Y UNDER THE MINISTRY in its stead.Dishonourable? A travesty? It sure looks like it!Be this as it may, by all means, turn to these offices forhelp when you think it appropriate and use the help they giveyou. Just don't count on them.