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"Queen Street Outreach Society: A Voice for people who have experienced the mental health system"> <title>Ontario Mental Health Act - QSOS
Expanded "Old" Criteria
Sometimes people are brought to doctors or psychiatric facilities for examination. For example, anyone can bring sworn evidence before a justice of the peace to have someone else "examined" in a psychiatric facility [Sec. 16(1)]. A justice of the peace can do this by signing a Form 2 if they find the person:
If the criteria above don't apply, a justice of the peace can also order an examination based on evidence that the person:
Under Section 21, a judge (not a justice of the peace) can order an examination for someone who appears in court and is charged with or convicted of an offense, but seems to have a mental disorder (Form 6). Or a judge can remand such a person for admission to a psychiatric facility for up to 2 months (Form 8).
"Queen Street Outreach Society: A Voice for people who have experienced the mental health system"> <title>Ontario Mental Health Act - QSOS
Expanded "Old" Criteria
Sometimes people are brought to doctors or psychiatric facilities for examination. For example, anyone can bring sworn evidence before a justice of the peace to have someone else "examined" in a psychiatric facility [Sec. 16(1)]. A justice of the peace can do this by signing a Form 2 if they find the person:
- "apparently" has a mental disorder "of a nature or quality" that will likely result in: a) serious bodily harm to self, or b) to others; or c) serious physical impairment of the person, and the person:
- threatens or has threatened to cause bodily harm to self
- attempts or has attempted to cause bodily harm to self
- behaves or has behaved violently towards someone else
- causes or has caused someone to fear bodily harm,
- shows or has shown a lack of competence to care for self. (Before "Brian's Law" (2000), the person had to be at "imminent" risk of serious bodily harm due to incompetence, meaning 'within several weeks'.)
If the criteria above don't apply, a justice of the peace can also order an examination based on evidence that the person:
- is "apparently incapable" to make treatment decisions (as defined by the Health Care Consent Act),
- has been treated for a disorder of an "ongoing and recurring" nature before which if not treated will likely result in a) "substantial mental or physical deterioration", b) serious physical impairment, c) violence or d) harm to self.
- "apparently" suffers from the same (or a similar) disorder as before,
- has shown "clinical improvement" when treated in the past.
Under Section 21, a judge (not a justice of the peace) can order an examination for someone who appears in court and is charged with or convicted of an offense, but seems to have a mental disorder (Form 6). Or a judge can remand such a person for admission to a psychiatric facility for up to 2 months (Form 8).