General Information:

Services for mental and emotional health in Manitoba are provided by the Manitoba Government - Department of Health and through the Regional Health Authorities. As such, health services are regulated by legislation maintained by the Government of Manitoba and this includes many of the services available for mental and emotional health.

It is the Mental Health Act that specifies the forms of action that can and cannot be taken with persons suffering from mental and emotional health problems. Many people believe that someone who appears to be mentally ill can simply be forcibly detained by mental health staff or Police and admitted to a psychiatric facility. This is not true, and very specific procedures are defined within the Mental Health Act that determine how and under what circumstances someone can be taken for consideration of admission.

The Mental Health Act attempts to find a fair balance between the civil rights of individuals and the need for a community to require treatment of those who might be vulnerable, a danger to themselves or others because of mental illnesses, or otherwise in serious need of treatment for mental illness.

The Mental Health Act does provide the means by which a person suffering from mental illness can be detained in a hospital, but the procedures require evidence of substantial risk for harm to self or others and authorization by a Magistrate and Physician before such detention can occur. Forcible apprehension and detention is used uncommonly and most individuals are aware of their mental or emotional health problems and voluntarily receive help.

Involuntary Assessment & Admission - Key Procedures:

1. Any person with concerns for the mental and emotional well being of another may make an application to a Provincial Court Magistrate to have that person apprehended and taken for a medical examination.
2. For an order to be issued for Police to apprehend the person and take them for medical examination, four conditions must be met and supported with sufficient evidence by a witness under oath. The requirements are as follows:
   
   • The person is suffering from a mental disorder.
     
   • Because of the mental disorder, is likely to cause harm to themselves or others.
     
   • Requires a medical examination to determine if psychiatric evaluation is indicated.
     
   • The person refuses voluntary medical examination.
3. If sufficient evidence exists to meet the four criteria the Magistrate may issue a warrant and Police can apprehend the person and take them for medical examination.
4. If the medical examination indicates that the person requires psychiatric evaluation, they can be admitted to the Centre for Adult Psychiatry as an involuntary patient for such examination to occur within a specified period of time.
5. If the psychiatric examination indicates the need for treatment that can only be reasonably provided within the facility the person can remain as an involuntary patient for a specified period of time.

What Helps:

• The information provided here regarding the Mental Health Act is provided to illustrate that admission to a psychiatric facility does not occur lightly and that protection of a person's rights is regarded with considerable seriousness.

• If you have sufficient concern for someone and believe that you can provide evidence under oath that the person should be apprehended and taken for a medical examination you should be prepared to appear before a Magistrate at the Provincial Court House. Usually the Brandon Police Service is available to assist with this process and an initial contact with them is useful to determine what procedures are best to use. Police Officers are provided with the authority to apprehend someone without a Magistrate's order; however, this is only under extremely urgent circumstances when the Police reasonably believe that serious harm is about to occur. If you are asking for urgent police involvement, you must be able to provide sufficient evidence to establish that the circumstances are urgent.

What Doesn't Help:

• Many people often expect that because they have concern for another's mental or emotional state that simply informing mental health services or the Police is sufficient to have them admitted against their will. Such admissions occur infrequently and only when there is extreme risk or harm. It is always used as the last resort for admission and treatment.

Additional Internet Resources:

• Mental Health Act of Manitoba