New Brunswick’s official languages commissioner is applauding work by provincial health officials to protect the rights of vulnerable patients.
Patients detained under the Mental Health Act complained they did not get legal forms in the official language of their choice.
An investigation report released by the Commissioner Shirley MacLean in Jan. 2023 found the complaints were founded.
Treating physicians issue forms under the Mental Health Act to detain a person who is experiencing severe mental illness for observation and short-term treatment, which suspends a person’s right to self-determination.
Additional applications can be completed by psychiatrists to seek an order from a mental health tribunal, who will determine whether the patient will be detained in hospital for treatment without their consent for up to one month.
The commissioner found that the tribunals are a “court” under the Official Languages Act and individuals have the right to the language of their choice.
Following the report, the Department of Health, Horizon Health and Vitalité Health worked diligently to implement the commissioner’s recommendations.
MacLean said she feels it is important to highlight this positive outcome in ensuring the official language rights of vulnerable patients are protected.
