Mental Health and Addiction Services 
at the Brant Community Healthcare System

 

What is Bill 68 - Brian's Law?

Brian's Law, named posthumously after Brian Smith, an Ottawa sportscaster, is a new law that amends the Mental Health Act and the Health Care Consent Act. It responds to recommendations from coroner's juries, families, police and mental health professionals that people with serious mental illness require alternatives to hospitalization.

Brian's Law will help to make sure people get the care they need in the most appropriate setting.

What are the main differences in the new law?

Brian's Law includes:

  • New committal and assessment criteria to allow the families of seriously mentally ill people and health professionals to act at an earlier stage of a person's mental illness;
  • Community Treatment Orders (CTOs);
  • Police no longer have to actually see someone whom they suspect has a psychiatric illness, and is acting disorderly before they can take the person to the hospital.

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Why new committal criteria?

The new assessment and committal criteria will allow the families of seriously mentally ill people and health professionals to act at an earlier stage of a person's mental illness.

What is a Community Treatment Order?

A Community Treatment Order (CTO) is an order that a physician signs that allows a person to have community-based treatment or care and supervision instead of being in the hospital. It is less restrictive than being in hospital.

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Can everyone with a serious mental illness be on a CTO?

No, a CTO can only be signed or renewed for someone with serious mental illness when the conditions in the Mental Health Act are met. A CTO can only be signed if:

  • In the last three years the person has been an inpatient in a psychiatric facility two times or more or for a total of at least 30 days or has been on a CTO
  • A Community Treatment Plan has been developed
  • The physician has examined the person in the 72 hours before the Plan is entered into and believes:
because of his or her mental illness the person needs continuing treatment or care and continuing supervision if he or she lives in the community and
if the person isn't an inpatient in a psychiatric facility that he or she meets the conditions for a psychiatric assessment (Form 1)
if the person does not get continuing treatment or care and continuing supervision while living in the community, he or she is likely, because of mental illness, to cause serious bodily harm to himself or herself or to someone else or suffer substantial mental or physical deterioration or serious physical impairment and
the person is able to comply with the Plan and the treatment or care and supervision are available in the community and
the physician has consulted with the health practitioners or other person proposed to be named in the Plan and
the physician is satisfied that the person subject to the order and his or her substitute decision maker (if any) consent to the plan
the physician is satisfied that the person subject to the order and his or her substitute decision maker (if any) have consulted with a rights advisor and have been told about their legal rights.

Are there any protections for a person on a CTO?

Yes. There are a number of protections for a person on a CTO:

  • The person has to consent (or the person's substitute decision-maker if the person is incapable) to the Community Treatment Plan in the CTO.
  • A CTO cannot be signed before the Plan is made.
  • The person (and the person's substitute decision-maker if he or she is incapable) must get rights advice and notice of the right to retain and instruct counsel.
  • The person or anyone on their behalf can ask to have the CTO reviewed.

If you have any questions, concerns or comments about Bill 68, please contact the Community Treatment Order Coordinator for Brant and Haldimand/Norfolk counties.

Colleen Whitham M.S.W., R.S.W.
519-751-5544, ext 2346
email: cwhitham@bchsys.org