Allowing information to be shared in a way that works best for complainants is a key consideration when ensuring a fair process. 

Nick was involuntarily detained in a psychiatric facility. He had applied to the Mental Health Review Board to have his detention reconsidered and when he received their decision he contacted our office. Nick was concerned that the hearing process and decision were unfair.

Our investigation considered a range of evidence relating to Nick’s complaint, including the hearing’s audio transcript and the Board’s decision letter. We also reviewed provisions of the Mental Health Act and consulted with the Board chair. The records we reviewed indicated that after the Board received Nick’s hearing application, they provided him written notice of the date, time and location of the hearing as well as the Board’s Information Sheet for Patients.

The audio tape of the hearing indicated that an advocate from the Mental Health Law Program attended the hearing with Nick. Upon reviewing the audio tape, we identified a concern with the fairness of the proceedings. Nick clearly advised the panel that he had difficulty speaking and he requested permission to share a written document with the panel. Their response was for Nick to explain the document to them which Nick, given his speaking challenges, would not have been able to do had he not had an advocate with him who was able to advance his argument on his behalf. Knowing that this may not be the case for all patients, we spoke to the Board chair about our concerns and it was agreed that patients should be allowed to present written materials in hearings.

To address this moving forward, the Board chair agreed to update the Board’s handbook and committed to including the issue in upcoming training for panel members. We also had concerns about the Board’s Information Sheet for Patients which did not include a direct reference to the criteria the Board considers when deciding whether or not a person should continue to be involuntarily detained. It also did not include the Board’s toll-free telephone number, information about the make-up of the hearing panel or that patients are allowed to wear their own clothes to a hearing.

Additional changes we suggested to the information sheet provided to patients about the hearing process were also implemented, including legal criteria the Board uses to make its decisions, enhanced information about how patients can have witnesses participate in their hearing and more transparent information about the make-up of the panel.