A/HRC/41/34/Add.2
provinces and territories has been implemented in various degrees and with different
timings and rates of bed closures, investment in community-based services and decreased
days in psychiatric institutions. Regrettably, Alberta, British Columbia, Manitoba, Nova
Scotia, Prince Edward Island, Quebec23 and the territories continue to place persons with
disabilities in institutions. Moreover, while some provinces have made good progress in
terms of law and policies, mental health care seems to be still dominated by a biomedical
model, the overuse of psychotropic medications and an overall conception that mental
health conditions result from chemical brain imbalances or other neurobiological and
genetically determined mechanisms.
51.
On the other hand, investments to include persons with psychosocial, intellectual
and cognitive disabilities into the community have been insufficient; many still lack access
to employment, education, housing and adequate health care. Persons with autism in
particular continue to be excluded from the design of services aimed at supporting them.
Their health care is still based on attempts to “fix” behaviours rather than understanding
them; this approach filters into society and translates into abuses and exclusion.
Local mental health and “problematic substance use” services
B.
52.
There is a wide variety of mental health and “problematic substance use” services
across provinces and territories that are not necessarily covered by public insurance and are
often delivered in partnership with different stakeholders. The Special Rapporteur observed
some of them in British Columbia, Manitoba and Quebec.
53.
He learned first-hand about the least-restraint policy at Actionmarguerite, a care
facility in Winnipeg that offers palliative services under Manitoba’s 2000 Protection for
Persons in Care Act and Winnipeg’s regional policy on restraints in personal care homes.
There, the use of restraints, both physical and chemical (medication), is restricted to the
bare minimum through interdisciplinary assessments, consent and the understanding that
any restraint may affect the person’s physical safety and psychological well-being. While
that practice is in line with the Special Rapporteur’s recommendation24 to radically reduce
medical coercion, he hopes that the policy and practice will advance to a point where they
will also be in line with his recommendation to eventually eliminate all medical coercion in
mental health settings. In addition, he recommends that the regional policy be re-examined
to shift provisions on substitute decision makers to a paradigm of supported decisionmaking.25
54.
The Special Rapporteur visited the Douglas Mental Health University Institute in
Montreal and was particularly encouraged by the collaborative approach based on
persuasion and support used by its eating disorders programme. The programme applies a
non-coercion approach in treatment delivery under any circumstance, including when
dealing with the most severe cases. The Special Rapporteur also learned about assertive
community treatment in British Columbia, a recovery-oriented service for persons with
mental health and “problematic substance use” issues delivered through a psychosocial
rehabilitation perspective by multidisciplinary teams. He welcomes the focus of the
government of British Columbia on integrating housing into mental health and
“problematic substance use” services in partnership with various stakeholders.
55.
The Special Rapporteur was briefed about cases of isolation and seclusion of autistic
children in special education classrooms in Ontario, Saskatchewan and Alberta and about
restraint through sedatives by Ontario school workers. Residential homes for autistic
persons in Toronto continued to use physical restraints and expose vulnerable young
persons to sexual and other physical and psychological abuse by staff. The government of
23
24
25
In Québec, individuals are held in custody in institutions in accordance with the legal provisions of
the Province.
See the report of the Special Rapporteur contained in document A/HRC/35/21.
See Committee on the Rights of Persons with Disabilities general comment No. 1 (2014) on equal
recognition before the law and the report of the Special Rapporteur on the rights of persons with
disabilities contained in document A/HRC/37/56.
11
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