1. What is the Starson case?
Scott Starson is an involuntary psychiatric patient, who has been detained in a number of Ontario psychiatric facilities over the past 5 years. During this time, he has refused medical treatment.
He went before the Consent and Capacity Board, which found him incapable of refusing treatment. Two courts overturned this finding of incapacity and the case was therefore brought before the Supreme Court of Canada.
2. What did the Supreme Court of Canada decide?
On June 6, 2003 the Supreme Court of Canada, in a split decision, upheld the lower court decision, which ruled that Scott Starson was capable of refusing treatment
The Court argued that the Ontario Consent and Capacity Board believed it was in Starson's best interest to received treatment. However, it in not their job to decide what is best for a patient, only if he/she is capable of making treatment decisions. Based on this, the Court ruled Starson was in fact capable based on the evidence provided.
3. How will this affect a family member or a person with the illness?
This ruling will likely have little affect on a family member or a person living with the illness. No Ontario law has been changed with the Supreme Court of Canada's ruling.
However, it does demonstrate that family members need to be aware that Board decisions can be overturned and that they need to help to ensure that all evidence to show their loved one is incapable will stand up in numerous courts.
4. What does this mean for the movement?
It does not appear that this case will have widespread implications for individuals and families. But it does demonstrate that we need to work closely with psychiatrists and their professional organizations to ensure through and complete medical evidence is gathered when reviewing an individual's ability to consent to or refuse treatment.
Also, we need to actively advocate for a patients right to treatment, to ensure that all individuals living with mental illness have a better quality of life even when they may at one point refuse treatment.
5. How can I help?
As a family member or a person living with the illness you can get involved by:
Rights & Responsibilities: Mental Health and the Law
http://www.health.gov.on.ca/english/public/pub/mental/rights.pdf
Consent & Capacity Board
http://www.ccboard.on.ca/MOHCandCWebE.nsf/Main?OpenFrameSet
Get involved. For more information on how you can get involved with the Schizophrenia Society, contact your local office or the national office by call 1-888-SSC-Hope.