After looking into this subject the ontario mental health act assumes police officers would not abuse this law, it has little or no accountabilty for officers who misuse this law.
This is a common problem with our goverments today, take the usa patriot act as an example. They want to do whatever they want with nobody holding them accountable in cases where the law can be misused.
Disclaimer: I know that most people don't like the mentally ill but hear me out.
I believe a family member of mine has had her rights violated by police, when researching the laws that govern mental health care in Ontario I discovered, it's likely abuse of these laws will continue to occure without any proper court oversight or protection of patients human rights.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m07_e.htm#BK69
Haha if any mental patient goes to the police to tries and charge a doctor, or police officer under this act, they'd be laughed out of the police department.
Here's how silly the ontario government is.
This is a quote from http://www.ppao.gov.on.ca/inf-men.html which is the same thing the ontario government said:
"You can contact the police and ask them to charge the person with a provincial offence; or
You can contact a justice of the peace at your local court and swear an "information" (a written statement of the charges alleged) and request that he or she lay charges."
Well isn't it a criminal offence to violate a persons rights under this law? For an example, the police harrass a person, and the person files a complaint under the Ontario police services act (http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm) , the officer then retailates, and makes an arrest under the mental health act. (This would be a violation under both laws)
In general this section of the law is fawled because the majority of the time people who misuse this act are the police. Going to the police and asking them to 'charge' another officer is just about as useless as filing a complaint under the police services act.
In general in Ontario if your a patient you're best bet is to file a lawsuit but even that is a risky thing, if the court thinks the person is a 'minor' under the subsitute decision makers act, the person would have to be prepresented by a lawyer,or 'guarandan'
Who knows they may retaliate against me for asking this question publicly.hahaha
Here's an example of the bleekness of a successful charge under section 80:
Read what the NRPS thinks about people with disabilities, it just screams human rights complaint.
http://www.nrps.com/psb/annualreports/Police%20Response%20to%20Emotionally%20Disturbed,%20Mental%20Illnes%20or%20Developmental%20Disability.pdf
This is a common problem with our goverments today, take the usa patriot act as an example. They want to do whatever they want with nobody holding them accountable in cases where the law can be misused.
Disclaimer: I know that most people don't like the mentally ill but hear me out.
I believe a family member of mine has had her rights violated by police, when researching the laws that govern mental health care in Ontario I discovered, it's likely abuse of these laws will continue to occure without any proper court oversight or protection of patients human rights.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m07_e.htm#BK69
Haha if any mental patient goes to the police to tries and charge a doctor, or police officer under this act, they'd be laughed out of the police department.
Here's how silly the ontario government is.
This is a quote from http://www.ppao.gov.on.ca/inf-men.html which is the same thing the ontario government said:
"You can contact the police and ask them to charge the person with a provincial offence; or
You can contact a justice of the peace at your local court and swear an "information" (a written statement of the charges alleged) and request that he or she lay charges."
Well isn't it a criminal offence to violate a persons rights under this law? For an example, the police harrass a person, and the person files a complaint under the Ontario police services act (http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm) , the officer then retailates, and makes an arrest under the mental health act. (This would be a violation under both laws)
In general this section of the law is fawled because the majority of the time people who misuse this act are the police. Going to the police and asking them to 'charge' another officer is just about as useless as filing a complaint under the police services act.
In general in Ontario if your a patient you're best bet is to file a lawsuit but even that is a risky thing, if the court thinks the person is a 'minor' under the subsitute decision makers act, the person would have to be prepresented by a lawyer,or 'guarandan'
Who knows they may retaliate against me for asking this question publicly.hahaha
Here's an example of the bleekness of a successful charge under section 80:
Read what the NRPS thinks about people with disabilities, it just screams human rights complaint.
http://www.nrps.com/psb/annualreports/Police%20Response%20to%20Emotionally%20Disturbed,%20Mental%20Illnes%20or%20Developmental%20Disability.pdf