Mental Health Act Introduced

Government is taking another step toward mental health reform through new legislation introduced today, Sept. 29, by Health Minister Angus MacIsaac.

The new Mental Health Act updates 30-year-old legislation, reflects current practices and is consistent with other mental health legislation across the country.

"This is another building block in improving the mental health of Nova Scotians," said Mr. MacIsaac. "Most people have the ability to make their own treatment decisions, however, this act speaks for those who cannot."

The proposed act will provide the legal framework for mental health professionals to intervene on behalf of individuals who lack the capacity to determine their need for treatment. It will ensure that this is done without unduly interfering with civil rights and liberties.

The bill introduces substitute decision-makers who will be involved in all treatment decisions when necessary. In addition, leave certificates are being introduced. These certificates allow patients to be gradually reintroduced into the community, helping them reintegrate in a planned way.

Also included in the act are community treatment orders (CTOs), for those who have a history of repeated involuntary admissions. CTOs will be available where assertive treatment teams are in place. The CTOs will help people maintain wellness and stability and assist in early detection of recurring illness, thereby resulting in shorter hospital stays.

"The Schizophrenia Society applauds government for including community treatment orders in the new legislation. Taking leadership on this is not easy, but through partnership, government and community organizations can work toward the goal of early detection and treatment," said Hugh Bennett, executive director of the Schizophrenia Society of Nova Scotia. "This will help people, particularly those persons with schizophrenia, to get the support they need within their community, while, at the same time, expanding community education and awareness."

Capital Health has also expressed support for the new legislation.

"It is good to see legislation dealing specifically with mental health issues. Previously, mental health was addressed under legislation embedded in the Hospitals Act," said Louise Bradley, director, mental health and forensic services, Capital Health. "We provided input and are glad that the province is addressing the issue of CTOs as other provinces have."

The bill will serve all Nova Scotians with mental disorders, including children, youth and adults, who are temporarily unable to make their own treatment decisions.

"The new Mental Health Act, along with Department of Health's mental health standards, will allow us to better meet the needs of children and youth," said Susan Mercer, interim vice president, Child and Adolescent Mental Health Program, IWK Health Centre. "This is another step that will improve how we work together with families toward better mental health care in the community."

In addition, the bill introduces independent rights advisors who will operate at arm's length from government and the district health authorities/IWK Health Centre to advise people who are involuntarily admitted, placed on a leave certificate or a community treatment order.

The bill was created after careful review of the current provincial legislation, legislation in other provinces, and in- depth consultation with legal experts, and mental health professionals, advocates and consumers. The first step in mental health reform was the development of comprehensive mental health standards, announced in 2003.