LAW589
Mental Health and the Law: Theory and Practice
(Cochard & Qureshi)
Mental Health and the Law: Theory and Practice Course
Instructors: Judge Renée Cochard and Amna Qureshi
• The Faculty of Law is pleased to announce that a course will be offered that exposes students to the law and practice of mental health law. Although the Faculty had offered a mental health law course previously, this two-part course combines theory and practice offering students a unique opportunity to see the law in action first-hand. The course will allow students to see the exciting new developments announced by Alberta’s Provincial courts regarding mental health courts.
• The course is composed of two parts, each worth three credits. The first will be offered in the first semester and the second in the second semester.
• Enrollment is by application, and students selected must commit to being enrolled in both courses.
1. The first part of this course deals with the intersection between mental health and the law. The course will explore the basic legal rules and legal regimes that apply in both the civil and criminal law context when people are diagnosed with a mental disorder. The course will first discuss briefly the historical developments in mental health law and the key concepts such as mental disability, mental illness, insanity, and competency. The remainder of the course will deal with substantial issues in the civil and criminal law context. We will explore the rights of mental health patients, the procedures involved in commitment and the use of restraints, the rights and obligations of substitute decision-makers, the difficult legal issues of treatment and community treatment orders. The course will further explore how the criminal justice system deals with persons with mental health issues, particularly looking at alternative approaches within the criminal justice system that may promote the health and well-being of people with mental health issues. The first term will consist of a combination of lectures, class discussions, and guest lectures by experts in the field.
Lectures include the following topics:
Introduction
Diagnosis – history, implications, DSM
Civil Commitment – Mental Health Act, Minors, Treatment, Transfer of Prisoners, Charter implications
Treatment and the Right to Refuse – Common Law, Competence, Compulsory Treatment Models, Community Treatment Orders
Forensic Mental Health – Civil commitment, Criminalization of Mental Disorder, NCR, Fitness to Stand Trial, Dangerous Offender and Long Term Offender
Mental Health Court – Canadian models, Edmonton Mental Health Court
Mental Health and Correctional Institutions
Resources in the Community
2. The second term will involve actual attendance at the court for at least 3 hours per week. There will be additional hours required outside of court hours. The students will be there to assist people to navigate the system, including the provision of support and assistance for such matters as obtaining identification documents, reinstating income assistance (e.g. AISH); and ensuring the person attends court or other appointments. In addition, students may also provide legal assistance on such matters as landlord and tenant, debtor and creditor, family law, and child welfare matters. Students may also be requested to provide assistance to Duty Counsel, the Crown, and mental health workers in the court. Students will be supervised by a retired lawyer.
Evaluation
o Evaluation for the first term will be based on class participation (15%); a short, five-page paper (25%), and a paper of 5,000 to 6,500 words (60%).
o Evaluation for the second term will be based on the student preparing a reflective journal regarding their observations and experiences while working in the mental health court. (Pass/Fail)
Application Process
Please submit by email the following:
• Résumé and cover letter of no more than 500 words, explaining why you are interested in an internship with the mental health court.
• A copy of your current unofficial transcripts.
Please address your application to the Vice Dean of Law (vicedeanoflaw@ualberta.ca), with subject line “Mental Health Law Course”.
Applications for the 2021/2022 academic year will be accepted until 4:00 p.m. on Tuesday, May 25, 2021. You will be notified of acceptance in course by June 15 at latest. If you are selected, you will be manually registered in the course.