Suchergebnisse

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court's analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including Charter jurisdiction. The decision, and Ontario's legislative response, also leave open the pressing question of the scope of liberty interests guaranteed by section 7 for those who are civilly committed for shorter periods of time. The authors conclude that this decision should trigger a reconsideration of civil commitment review processes across the country for all persons detained in psychiatric facilities.