Mental Health Law Reform Task Force
Since its inception, the Mental Health Act has undergone various changes, including in 2000 when Community Treatment Orders were introduced and, most recently, in 2015, when an amendment granted the Consent & Capacity Board powers to order terms and conditions for long-term involuntary patients. Given the possibility for change, psychiatrists can work together and contribute their expertise, knowledge and front-line experience to generate additional ideas for potential mental health law reforms that can improve patient care and access to timely treatment.
The OPA Council approved a task force focused on identifying specific ideas for mental health law reform. This task force brings together various stakeholders including resident and practicing psychiatrists, legal experts and patient/family advisors so discussions can draw upon different experiences and perspectives. The Mental Health Law Reform Task Force completed its working group meetings in 2020 and finalized a summary document that outlines the areas in mental health law to which the OPA has committed ongoing advocacy efforts. The goal is to promote changes that will improve mental health care services available for patients, families and mental health practitioners on both individual and system-wide levels.
Dr. Lyndal Petit & Dr. Karen Shin
OPA Mental Health Law Reform Task Force Leads
The OPA’s advocacy work is supported financially by dues from OPA members and associates and sponsorship by the Coalition of Ontario Psychiatrists (2023-2025).
Mental Health Law Reform Updates
Involuntary Admissions and Treatment Pending Appeal - OPA's Mental Health Law Proposals
The OPA's Mental Health Law Reform Task Force continues to advance mental health law reform and has updated the OPA's Mental Health Law Proposals.
- Permit Treatment Pending Appeal under the Health Care Consent Act Sec 18.
- Remove past response to treatment from Form 3 Box B Involuntary Admission Criteria, under the Mental Health Act Sec 20 (1.1).
- Change involuntary admission criterion of "serious bodily harm" to "serious harm" and concomitantly, narrow Ontario's Mental Health Act definition of "mental disorder" to denote serious mental illness, under the Mental Health Act Sec 1; Sec 20 (1.1; 5).
- Extend a first involuntary admission to up to 30 days, under a Form 3 (MHA Sec 20 [4]).
OPA's Mental Health Law Reform Proposal
OPA Mental Health Law Reform Letter Writing Campaign
Articles, People's Stories, and Academic Journal Articles
July 2026
OPA Commentary:
June 2026
39th International Congress of Mental Health and the Law in Montreal https://ialmh.org/
The Task Force organized a session of presentations on Community Treatment Orders and presented on CTO family perspectives, CTO criteria and CTO plans as well as on how capacity is determined during an involuntary admission across Canada.
These presentations support how CTOs should remain available as an option for care for the select individuals that need them and advocacy is necessary in light of the UN's Convention on the Rights of Persons with Disabilities (CRPD), which advocates for the abolition of incapacity findings and involuntary treatments. Conference costs were self-funded.
Canada has ratified the CRPD while maintaining a reservation that preserves substitute decision-making regimes, including legal frameworks for findings of incapacity, substitute consent and involuntary treatment. The Canadian Psychiatric Association has published a statement regarding the CRPD's position (CPA Position Statement on The United Nations Convention on the Rights of Persons with Disabilities).
June 2026
Quebec Now Recognizes Significant Mental Deterioration as Grounds for Temporary Confinement
Mental Health Law Reform advancements occurred in Quebec June 2026 with the passing of Bill 23, "An Act mainly to provide better support to persons whose mental state could present a risk for their own safety or that of others".
Quebec now recognizes significant mental deterioration as grounds for temporary confinement (max 7 days), when other criteria are met. No past response to treatment is required. No finding of incapacity for treatment is required. Subsequent confinement for up to 21 days, if required, is decided by the courts. All jurisdictions except for Yukon (which has impending serious mental impairment clauses and not mental deterioration clauses) now recognize significant, serious or substantial mental deterioration (wording depends on the jurisdiction) as grounds for detainment when other criteria are met. Ontario is the only jurisdiction that requires a past response to treatment for an involuntary admission that addresses substantial mental deterioration. See Bill 23, p-38.001, Quebec Civil Code and Ontario Mental Health Act for more details.
Dr Mathieu Dufour served as the Minister's physician advisor for this reform. Many TOH staff may remember Dr Dufour as he completed his Psychiatry Resident at the University of Ottawa and was President of the Ontario Psychiatric Association in 2018.
Spring 2026
Several members of the OPA Mental Health Law Reform Task Force co-authored the chapter on Canadian mental health laws in Dr. Katherine Warburton and Dr. Stephen Stahl's book, The Ethical and Clinical Complexities in the Treatment of Schizophrenia - Life or Liberty, published in April 2026.
Edited by Dr. Katherine Warburton and Dr. Stephen Stahl, this book examines the biological, ethical, and policy dimensions of treating schizophrenia and other psychotic brain disorders. It explores antipsychotic treatment, international approaches to care, and the historical, political, and funding factors that have shaped current practices. By integrating neuroscience, mental health policy, and neuroethics, it provides an informed resource for policymakers, professional associations, clinicians, and elected officials on the complex clinical, legal, and ethical issues surrounding schizophrenia care.
Petit LC, Shin K, Fielding N, Dufour M, Gray J. Canadian Mental Health Laws: A Review of Involuntary Admission and Treatment Pending Appeal. In: Warburton K, Stahl SM, eds. Ethical and Clinical Complexities in the Treatment of Schizophrenia: Liberty or Life. Cambridge University Press; 2026:157-169
Winter 2026
Launch of the OPA’s Mental Health Law Reform Proposal Endorsement Campaign
OPA Mental Health Law Reform Proposals Endorsed by Mothers for Mental Health Care Reform and the Family Alliance on Severe Mental Illness
Fall 2025
Meetings with the NDP Health Critic, the Mental Health and Addictions Critic and the Office of the Attorney General Critic. Meetings with the Liberal Health Critic.
August 2025
Letter Writing Campaign
Ontario formed a new parliament in 2025 and they need to hear your views on Mental Health Law Reform.
Join our letter writing campaign!
OPA's Mental Health Law Reform Letter Writing Campaign
Articles, People's Stories, and Academic Journal Articles
July 2025
Meeting with Associate Minister of Mental Health and Addiction's Office.
Winter 2025
OPA's Mental Health Law Reform Task Force - Substance Use Disorders
There is national discussion regarding compulsory substance use disorder treatment.
Dr. Valerie Primeau is leading the OPA's Mental Health Law Reform Task Force's Substance Use Disorder Group. The current focus is a review of Ontario's current practices under the law and exploration of clinical situations that require further review. Scholarly work addressing these matters has been accepted for a session of presentations at the International Academy of Law and Mental Health (IALMH) conference in Montreal for 2026.
November 2024
Involuntary Admissions and Treatment Pending Appeal - Canadian Psychiatric Association Annual Conference
OPA Mental Health Law Reform Task Force Members presented a General Session on "Canadian Mental Health Law Practices Regarding Involuntary Admission and Treatment Pending Appeal" at the Canadian Psychiatric Association Annual Conference. It had a strong attendance by individuals across the country. The discussion among attendees showed significant jurisdiction differences for access to care because of the law. Ontario was an outlier because its legislation bars access to involuntary admission and compulsory treatment to address non-bodily serious harms or substantial mental/physical deterioration (without a past response to treatment) due to mental illness. Most jurisdictions permit involuntary admission to address these serious consequences of untreated illness.
Fall 2024 - August 2025
OPA's Mental Health Law Reform Task Force - Community Treatment Orders
The OPA's Mental Health Law Reform Task Force worked on recommendations to improve Community Treatment Orders and issued a letter to parliament to advise the Ontario Government's 5-year mandatory CTO review.
Task Force members' scholarly work addressing CTOs has been accepted for a session of presentations at the International Academy of Law and Mental Health (IALMH) conference in Montreal for 2026.
September 2024
The OPA Mental Health Law Reform Task Force has had a busy summer with presentations to the Ontario Family Caregivers Advisory Network and at the International Academy of Law and Mental Health Congress in Barcelona. See the Scientific Program here. The OPA is advocating to change Ontario's laws so that treatment pending court appeal can be provided for patients found incapable after a Consent Capacity Board hearing, and also for a change to involuntary hospitalization that allows for more people to access hospital care when they are incapable and at risk for mental or physical deterioration. The OPA planned the Congress sessions to focus on Ontario's mental health laws and included presentations by the Associate Minister of Mental Health and Addictions, Minister Michael Tibollo.
Spring 2024
Meetings with the Associate Minister of Mental Health and Addictions and his Office.
Meeting with the NDP Critic of Health.
Winter 2024
Fall 2023; Winter and Fall 2024
Meetings with the Liberal Critic of Health.
OPA Letter-Writing Campaign
Advocate legislative change to allow earlier access to care for your loved ones with severe mental illness
August 2025
Current mental health laws impede early access to psychiatric treatment, leading to worse health outcomes for incapable persons with severe mental illness who are denied rights to health. The OPA calls for legislative change to better meet the needs of Ontarians with severe mental illness and the families supporting them.
The Ontario Psychiatric Association proposes 4 reforms to Ontario mental health law:
- Permit Treatment Pending Appeal under the Health Care Consent Act Sec 18.
- Remove past response to treatment from Form 3 Box B Involuntary Admission Criteria, under the Mental Health Act Sec 20 (1.1).
- Change involuntary admission criterion of "serious bodily harm" to "serious harm" and concomitantly, narrow Ontario's Mental Health Act definition of "mental disorder" to denote serious mental illness, under the Mental Health Act Sec 1; Sec 20 (1.1; 5).
- Extend a first involuntary admission to up to 30 days, under a Form 3 (MHA Sec 20 [4]).
OPA's Mental Health Law Reform Letter Writing Campaign
OPA's Mental Health Law Reform Proposal
Articles, People's Stories, and Academic Journal Articles
Engage on social media
OPA IN THE NEWS
2025 CBC News article featuring Dr. Karen Shin: "Debate on forced mental health treatment continues as one woman's costs top $800K"
2022 Healthy Debate article featuring Dr. Angela Ho, Dr. Lyndal Petit and Dr. Karen Shin: "Ontario’s mental health laws must change to protect our most vulnerable patients"
