02.01.2015 Views

Police-Encounters-With-People-In-Crisis

Police-Encounters-With-People-In-Crisis

Police-Encounters-With-People-In-Crisis

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

“record of personal health information”, in relation to a person, means a record of personal health<br />

information that is compiled in a psychiatric facility in respect of the person; (“dossier de renseignements<br />

personnels sur la santé”)<br />

“regulations” means the regulations made under this Act; (“règlements”)<br />

“restrain” means place under control when necessary to prevent serious bodily harm to the patient or to<br />

another person by the minimal use of such force, mechanical means or chemicals as is reasonable having<br />

regard to the physical and mental condition of the patient; (“maîtriser”)<br />

“rights adviser” means a person, or a member of a category of persons, qualified to perform the functions<br />

of a rights adviser under this Act and designated by a psychiatric facility, the Minister or by the<br />

regulations to perform those functions, but does not include,<br />

(a) a person involved in the direct clinical care of the person to whom the rights advice is to<br />

be given, or<br />

(b) a person providing treatment or care and supervision under a community treatment plan;<br />

(“conseiller en matière de droits”)<br />

“senior physician” means the physician responsible for the clinical services in a psychiatric facility;<br />

(“médecin-chef”)<br />

“substitute decision-maker”, in relation to a patient, means the person who would be authorized under<br />

the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the patient, if the<br />

patient were incapable with respect to the treatment under that Act, unless the context requires<br />

otherwise; (“mandataire spécial”)<br />

“treatment” has the same meaning as in the Health Care Consent Act, 1996. (“traitement”) R.S.O. 1990,<br />

c. M.7, s. 1; 1992, c. 32, s. 20 (1-4); 1996, c. 2, s. 72 (1, 2, 4, 5); 2000, c. 9, s. 1; 2004, c. 3, Sched. A, s. 90<br />

(1-3).<br />

Meaning of “explain”<br />

(2) A rights adviser or other person whom this Act requires to explain a matter satisfies that requirement<br />

by explaining the matter to the best of his or her ability and in a manner that addresses the special needs<br />

of the person receiving the explanation, whether that person understands it or not. 1992, c. 32, s. 20 (5).<br />

Application for psychiatric assessment<br />

15.(1) Where a physician examines a person and has reasonable cause to believe that the person,<br />

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to<br />

himself or herself;<br />

(b) has behaved or is behaving violently towards another person or has caused or is causing<br />

another person to fear bodily harm from him or her; or<br />

(c) has shown or is showing a lack of competence to care for himself or herself,<br />

and if in addition the physician is of the opinion that the person is apparently suffering from<br />

mental disorder of a nature or quality that likely will result in,<br />

(d) serious bodily harm to the person;<br />

(e) serious bodily harm to another person; or<br />

(f) serious physical impairment of the person,<br />

the physician may make application in the prescribed form for a psychiatric assessment of the person.<br />

R.S.O. 1990, c. M.7, s. 15 (1); 2000, c. 9, s. 3 (1).<br />

Same<br />

(1.1) Where a physician examines a person and has reasonable cause to believe that the person,<br />

(a) has previously received treatment for mental disorder of an ongoing or recurring nature<br />

that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person<br />

or to another person or substantial mental or physical deterioration of the person or serious physical<br />

impairment of the person; and<br />

(b) has shown clinical improvement as a result of the treatment, and if in addition the<br />

physician is of the opinion that the person,<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |314

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!