Bill 226 — , ;4 Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 226 the Mental Health Human Rights Act (Legislature 17, Session 3)

L17 S3 5374

Alberta — Bills

1974 Bill 226 , ;4 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 226 The Mental Health Human Rights Act MR. WILSON First Reading .............................. . Second Reading ............................. . Third Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 226 Mr. lVilson BILL 226 1974 THE MENTAL HEALTH HUMAN RIGHTS ACT ( Assented to ,1974)

WHEREAS the free and democratic society existing in Alberta is founded upon the principles that acknowledge the supremacy of Go.d and upon principles, fo.stered by traditio.n, that ho.no.r and respect human rights and funda mental freedo.ms and the dignity and wo.rth o.f the human person; AND

WHEREAS so.ciety may deem it necessary to. limit, suspend o.r eliminate an individual's freedo.m and rights because o.f mental diso.rder so. that an individual's o.wn interests o.r tho.se 'Of o.thers are pro.tected; AND

WHEREAS so.ciety affirms the principle that the mentally diso.rdered person should have the same rights as o.ther citizens unless a specific determinatio.n has been made by the appro.priate procedures, that the perso.ns exercise o.f so.me o.r all such rights will place the perso.ns own interests o.r tho.se o.f o.thers in undue jeo.pardy; _ _ AND

WHEREAS society affirms the principle that the mentally diso.rdered invo.luntarily co.mmitted to. go.vern ment institutions have a right to. humane and adequate treatment; AND

WHEREAS it is desirable that the rights o.f peo.ple seeking and receiving mental health care be co.dified into. law fo.r the benefit and guidance o.f tho.se requiring and pro.viding the mental health care. THEREFOR HER MAJESTY, by and with the advice and consent of the Legislative Assembly o.f Alberta, enacts as fo.IIo.ws: 1.. It is hereby reco.gnized and declared that in Alberta there exist the fo.IIo.wing human rights for a perso.n with a mental diso.rder; namely: Civil Liberties (

a) the right to. exercise all individual freedo.ms that a perso.n is capable o.f unless it is deemed co.ntrary to the perso.n's interests or those of others;

(

b) the right to protection, assistance and restrictions in the exercise of individual rights and citizenship as is necessary and appropria te in light of the person's limitations; (

c) the rights of citizenship that the person is capable of exercising; (

d) the right to appeal and review involuntary com mitment to a psychiatric institution; (

e) the right to a legally appointed guardian in the absence of next of kin; Treatment (

f) the right to a comprehensive physical and mental examination and review of behavioral status as soon as possible after admission to hospital; (

g) the right to an individualized treatment plan de veloped by a qualified mental health professional, and explained and interpreted to the person and/or next of kin or legal guardian; (

h) the right to treatment by an adequate number of qualified medical professionals; (

i) freedom from physical 'or psychological treatment without the express and informed consent after consultation with the person or legally appointed guardian of the person; Health Care (

j) the right to human, adequate and appropriate care and treatment; (

k) freedom from being subject to experimental re search without the express and informed consent of the person or the person's legally appointed guardian; (1) freedom from unnecessary or excessive medica tion; (

m) the right to access to a person's medical records by the person, next of kin or legal guardian; (

n) the right to receive prompt and adequate medical treatment for any physical ailments; Personal Rights (0) the right to education; (

p) the right to recreational opportunities; (

q) freedom from performing labor which is not deemed therapeutic; 2

(

r) the right to compensation for the value of work performed in accordance with minimum wage laws of the Province of Alberta; (

s) freedom from unnecessary physkal restraint Dr isolation; (

t) the right to religious worship of the person's choice; (

u) the right to a reasonable degree of privacy and dignity; (

v) the right to adequate clothing, exercise and diet; (

w) the right to wear a person's 'Own clothes and to keep and use personal possessions, except insofar as such clothes or personal possessions may be dangerous or otherwise inappropriate to the treat ment; (

x) the right to visitatiDn, the use of the telephone, and to send and receive mail, unless it is deemed contrary to the person's interests or those of others. 2. This Act binds the Crown. 3. Every law of Alberta shall, unless it is expressly de clared by

an Act of the Legislature that it operates notwith standing The Mental Health Human Rights Act, be so cDnstrued and applied as not to abrogate, abridge or in fringe or to authorize the abrogation, abridgment or in fringement of any of the rights or freedoms herein recog nized and declared. 4.

(1) Nothing in this Act shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated herein that may have existed in Alberta at the commencement of this Act.

(2) In this Act, "law of Alberta" means

an Act of the Legislature of Alberta enacted before or after the com mencement of this Act, any order, rule or regulation made thereunder, and any law in force in Alberta at the com mencement of this Act that is subject to be repealed, abolished or altered by the Legislature of Alberta.

(3) The provisions of this Act shall be construed as ex tending only to matters coming within the legislative authority of the Legislature of Alberta. 5.

(1) Where in any action Dr other proceeding a question arises as to whether any law of Alberta abrogates, abridges or infringes, or authorizes the abrogation, abridgment or 3

infringement, or any of the rights and freedoms herein recognized and declared, no adjudication on that question is valid unless notice has been given to the Attorney Gen eral.

(2) Where the Attorney General has notice under sub section (1), he may, in person or by counsel, appear and participate in that action or proceeding on such terms and conditions as the court, person or body conducting the proceeding may consider just. 6. This Act comes into force on a date to be fixed by Proclamation. 4 Title: 1974 (17th, 3rd) Bill 226, The Mental Health Human Rights Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5374
Type	bill
Volume / chapter	L17 S3 5374
Language	en
Format	json
Source	PROVINCIAL
Identifier	2ac48b11867ac931dcdf477a1d287efc3ba57bd8

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