Sask. woman fights to find out who had her apprehended for a psych. assessment
A Saskatchewan woman who was taken for an involuntary mental health assessment is entitled to find out who had her committed, a provincial court judge has ruled.
Sometime before September 2023, Kimberly Kraus was taken, against her will, for psychiatric assessment.
The warrant for her apprehension was based on details relayed to a provincial court judge from an informant under terms of the Mental Health Services Act designed to help people who have become a danger to themselves or others find treatment.
“Shortly after Ms. Kraus was conveyed for a mental health assessment, the physician who examined her refused to issue a certificate for her compulsory admission to a mental health centre and she was released,” Judge Sanjeev Anand writes in an April 22 provincial court decision.
According to Anand, Kraus has been fighting to find out who filed for the warrant since Sept. 14.
“Ms. Kraus contends that the informant who initiated the warrant process did so by falsely swearing or affirming the information,” Anand says.
Kraus has filed an application for a copy of the information sworn by the informant “in the hope that disclosure of this court document will assist in holding the informant accountable for his or her actions.”
Under the mental health act, every person who is involuntarily detained for assessment is entitled to receive a copy of the warrant, but according to Anand, it’s not clear whether this includes the information sworn to obtain the warrant.
Anand says the very purpose of the act is to get treatment for people with serious mental health issues while — as much as possible — respecting their autonomy.
Since it’s also against the law to swear false information in order to have someone apprehended under the mental health act, Anand says it would be unfair not to allow people to learn who filed for the warrant about them, and what information they used.
Not allowing patients to learn these details “would seriously hamper the investigation and prosecution of those who swear or affirm false information.”
Anand ultimately ordered that Kraus receive a copy of the form filed by the informant.
“I am cognizant that the informant may have had safety concerns about coming forward and swearing or affirming the information and that these concerns may have been assuaged by assurances of anonymity,” said Anand.
Since the informant will no longer be anonymous, Anand offered them time to apply for a peace bond in case they do fear for their safety.
Kraus will receive a copy of the information she’s looking for by May 20, according to Anand.
CTVNews.ca Top Stories
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
RCMP not investigating possible foreign interference cases related to Chiu, Dong: Duheme
Canada's federal police force is not investigating any possible instances of foreign interference in the cases of former Conservative MP Kenny Chiu and Liberal-turned-Independent MP Han Dong, RCMP Commissioner Mike Duheme says.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Air France flight from Paris to Seattle lands in Iqaluit after heat smell in cabin
A plane travelling from Paris to Seattle was forced to make an emergency landing in Iqaluit after there was a heat smell in the cabin during the flight.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca