Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis.
In this book, leading researchers explore the public and private mix in Canada and within countries such as Australia, Germany, France and Ireland. They explain the history and complexity of interactions between public and private funding of health care. They also explain the many regulations and policies found in different countries used to both inhibit and sometimes to encourage two-tier care (for example, tax breaks). If a Canadian court strikes down laws restrictive of two-tier, Canadian governments can (i) permit and even encourage two-tier care to grow; (ii) pass new regulations that allow a small measure of two-tier care; or (iii) take positive steps to eliminate wait times in Canadian health care, and thereby reduce demand for two-tier care. They argue for option three as the best means to ensure Canadian principles of equity in access, ensure timely care, and fend off constitutional challenges. This work is critical not only for court challenges but also for Canadian governments who need the best evidence possible about different approaches to regulating two-tier care if they are forced by a court to revisit existing laws as a result of a successful Charter challenge.
Healthcare facilities owe a number of legal and contractual obligations to a broad range of individuals – from patients and visitors, to employees and co-contractors. The Legal Responsibility of Healthcare Facilities in Canada examines the “direct” responsibilities of institutions, both in the provision of services and for any errors linked to a third party, equipment or facilities. Uniquely, this work draws on jurisprudence from the civil law of Quebec and the common law from the rest of Canada, and highlights the areas of convergence and divergence of the two distinct legal traditions.