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The Mental Health Act: The Real and the Imaginary
How ironic for psychiatric survivors to be
telling professionals and the general population what is real, and
what is not. Here it is: The real Mental Health Act allows for people
to be detained in psychiatric facilities against their will if they
are likely to be a danger to themselves or others, or can not take
care of themselves within several weeks. This Act already allows
our people to be the only people in Canada who can be held in custody
without committing any crime, or indeed any overtly dangerous act
whatsoever. But this is not enough for some lobby groups. They want
it to be easier. The primary reason for this is the imaginary Mental
Health Act - that which the medical profession professes to be true
at inquests and elsewhere. As was the case with the Consent to Treatment
Act, the problem is not with the Act but with doctors' ignorance
of it. Most doctors are not aware that "imminent" danger has been
legally interpreted to mean within weeks. If anything should be
required, it should be that the O.M.A. (Ontario Medical Association)
or the College (of Physicians and Surgeons) be required to educate
its members about relevant legislation. Instead they typically try
to cover their failures and expand their powers by claiming the
weakness is in the Act. It is not. And it is not just their ignorance
of the Act that it is the problem - it is also their unwillingness
to publically acknowledge that they do not possess the ability to
predict dangerousness. The best predictive scale they have has only
a 19% accuracy rate (see Harris, Rice and Quinsey: * available on
request) - less than flipping a coin - and this is after extensive
assessment.
Contrary to how it may have appeared in the
media of late, the reality is that the vast majority of violent
crimes are committed by people who are not considered "mentally
ill". In all fairness, if an individual's psychiatric history is
going to be mentioned when they commit a crime, a person's lack
of a psychiatric history should also be mentioned whenever a crime
is reported. Statistically, if tranquillizing drugs are going to
be forced on any segment of the population they should be forced
on the "sane" - they are more likely to commit crimes of violence.
How can you justify forcing drugs on us through "community treatment
orders" when we are, statistically, less of a threat than you are?
It would be funnier if it wasn't so frightening.
Psychiatric drugs are dangerous. They can
cause brain damage. No one should have the right to do this to another
person. If a person occasionally "goes crazy" and wants a particular
treatment at that time, she or he can say so in a Power of Attorney
form. Concerned citizens would do well to promote the availability
of these forms, and their use, rather than seeking easier ways to
incarcerate and drug a community of scapegoats. It should be your
job to lead the people with your knowledge, not to follow the ignorant
mob.
In sum, we recommend: - supporting consumer/survivor
organizations - services being genuinely directed by and accountable class="Ver11-Inset"
to the people they are intended to serve - funding alternatives
to institutionalization, responsive to c/s's self identified needs
- becoming educated about the real Mental Health Act, and requiring
doctors to do the same - no changes to the M.H.A., including no
community treatment orders.
For more information, see: Shrinking
the Freedom of Thought: How Involuntary Psychiatric Treatment Violates
Basic Human Rights
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