Tory Hibbitt is a guest on an episode of the CBA’s The Every Lawyer podcast, discussing Garde Préventive and recent changes to Alberta’s Mental Health Act:
Following these amendments, when assessing whether an individual should be certified as a formal patient, health professionals must now consider whether the individual has the potential to benefit from treatment of their mental disorder. With the change to the definition of “mental disorder”, health professionals must also assess whether or not the individual’s condition is only due to the effects of an acquired or congenital irreversible brain injury (e.g. dementia) that causes persistent impairment. If so, the individual will not be classified as having a “mental disorder” within the meaning of the Act. The amendments also strengthen patient rights by requiring, among other things, that patients be provided with free and timely access to their medical records, information about their right to legal counsel, including steps to access legal counsel, and information about their right to contact a mental health patient advocate.
Listen to the podcast: Garde Préventive – Tory Hibbitt & Dr. Vanessa Cardy MD.