Ethics and Law

Jack Tomlin, Sarah Markham, Ciska Wittouck, and Alexander Simpson, p.00258024231206865.
Medicine, Science and the Law, 2023

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Due to the involuntary nature of their treatment, patients in the forensic system often have decisions made for them. Procedural justice relates to the fairness of processes used by those in positions of authority in the forensic system. This article advocates for forensic mental health services to be provided under a procedural justice framework. This would include shared decision-making where patients are involved in developing their own treatment plans. Such autonomy and “ownership” of treatment has been shown to improve trust in the system and increase compliance — and thus promote recovery. 

Frank Sirotich, Samuel F. Law, Alexander I. F. Simpson, and Arash Nakhost 
Community Mental Health Journal volume 59, pages1352–1363 (2023)

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This study is the first in Canada to examine the relationship between forms of leveraged treatment pressures and personal recovery in outpatient community mental systems. Leverage involves suggesting access to desired resources (e.g. social welfare entitlements and money) or avoidance of some undesired outcome (e.g. criminal sanctions) to encourage adherence to recommended treatment. Leverage is widespread in mental health settings. The authors found that financial leverage was associated with feelings of coercion and negatively related to personal recovery. This suggests the need for further studies to better understand the relationship between different types of leverage and recovery. 

Alexander I.F. Simpson, Jason Tran, and Roland Jones
Medicine, Science and the Law. 2023;63(1):3-5.

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As of March 2023, modifications to Bill-C14 now allow for a mental disorder to be the sole condition for seeking Medical Assistance in Dying (MAiD). In the prison environment, where hopelessness, stigmatization of mental disorders and lack of treatment opportunities are pervasive, there may be similarities between MAiD and suicide. Furthermore, there is a concern that MAiD may be used to avoid justice, impacting victims and society more broadly. Given these considerations, there is a need for careful appraisal when incarcerated individuals request MAiD to alleviate suffering solely for mental disorders.