Province appeals court ruling that found parts of Alberta Mental Health Act violate basic rights

The Alberta government has filed a notice of appeal against a Calgary judge's ruling that six sections of the Mental Health Act are unconstitutional.

The decision centred on a 49-year-old man — given the initials J.H. to protect his privacy — detained for more than nine months and medicated against his will at the Foothills hospital. 

Court of Queen's Bench Justice Kristine Eidsvik ruled last month that six provisions under the Mental Health Act are unconstitutional and gave the government 12 months to fix it.

She found that the existing rules allowed doctors to confine the Calgary man against his will in violation of his Charter rights.

In her ruling, Eidsvik wrote "J.H. suffered multiple breaches of his fundamental rights to life liberty and security protected by s. 7 of the Charter, was arbitrarily detained in breach of s.9, and was not given appropriate notice of the reason for his detention or his right to legal counsel in breach of s. 10 (a) and (b). AHS is responsible for these breaches."

J.H. was the victim of a 2014 hit and run and was hospitalized for injuries to his leg and back. While in hospital, he became homeless and had trouble accessing social assistance once he was discharged.

He later returned to the hospital to receive surgery for complications arising from his injuries. But when it came time to discharge him, he was instead certified and held under the Mental Health Act.

Eidsvik found that J.H. was then given psychiatric medications, which were not medically required, and that he was not told about his right to free legal advice within a reasonable time.

The judge said the Mental Health Act's criteria for detaining people is too broad and she recommended new safeguards be created to protect patients.

Calgary Legal Guidance was an intervener in the case on the man's behalf.