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Involuntary treatment. All involuntary treatment must comply with Charter. Involuntary detention and treatment can still comply with Charter. A person must not be: Subject to arbitrary detention Deprived of their liberty except in accordance with law.
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Involuntary treatment • All involuntary treatment must comply with Charter
Involuntary detention and treatment can still comply with Charter
A person must not be: • Subject to arbitrary detention • Deprived of their liberty except in accordance with law
Right to Humane Treatment when deprived of Liberty • Distinction between deprivation and restriction of liberty
Right to humane treatment continued • International law requires that at commencement of detention a person should be informed of his rights
Right to humane treatment continued • Access to records of medical examinations shall be ensured
a person has the right not to have his privacy unlawfully or arbitrarily interfered with
A person must not be treated in a cruel, inhuman or degrading way • Degrading treatment includes • treatment which causes fear, anguish and humiliation
Reasonable Limitations • Involuntary treatment must be least restrictive of all of a person’s Charter rights
Reasonable Limitations • Refusal to consent unreasonable
Reasonable Limitations Involuntary treatment is necessary: • To prevent immediate harm or • Serious deterioration
Treatment Plans All Charter rights considered Patients’ wishes strengthened by Charter
A is on a CTO • She does not want to take medication because she has put on a large amount of weight • She has had two short hospital admissions in 1999 and2005 • Between 1999 and 2005 A was not on a CTO and did not take medication • When A becomes unwell she becomes frightened and isolates herself.