LAW589
Mental Health and the Law: Theory and Practice
Instructors: 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 Fall semester and the second in the Winter semester.
Enrollment is by application, and students selected must commit to being enrolled in both courses.
COURSE DESCRIPTION
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 delve into the historical developments in mental health law and the key concepts such as mental disability, mental illness, insanity, and competency. 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 wellbeing of people with mental health issues. Throughout the course there will be an emphasis and critical examination of the disproportionate impact that this area of law has on BIPOC, women and other marginalized individuals.
In addition, during the first term students will be introduced to attending Edmonton’s Mental Health Court and will involve actual attendance at the court in the second term. During these court attendances students will have the opportunity to observe and provide assistance to people who access the court under the supervision and direction of Legal Aid Alberta staff lawyers. The type of assistance the student may be asked to provide includes legal and non-legal assistance, such as: conducting client interviews, legal research, speaking to matters in court, gathering and providing information regarding out-of-court supports and services, assisting in obtaining identification documents, assisting in applying for income assistance (e.g. AISH) and treatment; developing strategies to ensure clients attends court or other appointments, and another other tasks that Duty Counsel may feel are appropriate.
During the two terms, and subject to covid restrictions, visits will also be arranged to Alberta Hospital Edmonton, ERC, Community Health Providers the Alberta Review Board and others to be announced.
TEACHING METHOD & EVALUATION
The first part of this course is conducted through a combination of presentations by the instructors, guest instructors by experts in the field, written assignments and group discussion. Assignments and participation will be graded and students will receive a letter grade for the first semester.
The second part of this course will consist of attending & working in Mental Health Court under supervision, intermittent debriefing discussions and a reflective journal regarding students’ observations and experiences while working in the mental health court. Attendance in court and the journals will be graded on Pass/Fail basis.
CLICK HERE for application details