Le droit aux soins de santé mentale en milieu carcéral

Abstract

Laws concerning prisoners and the psychiatric treatment of prisoners are neither clear, comprehensive nor readily accessible to those affected. Several factors which contribute to this state of «lawlessness» are examined. While the enacte-ment of the Canadian Charter of Rights and Freedoms has probably increased prisoners' rights to treatment, this right has not as yet been tested before the courts, nor has it's meaning been clearly defined. Prisoners' rights to refuse treatment are discussed, as well as the differing criteria for involuntary treatment laid out by the provincial mental health acts. Finally, the legal liability of health care professionals who treat, or fail to treat, accused or convicted offenders is addressed.