TREATMENT DELAYED - LIBERTY DENIED

Abstract

Starson v. Swayze, and the Ontario law upon which it is based was hailed as a victory for psychiatric patients. However, by 2005, Starson had been involuntarily detained without treatment for nearly seven years and his deteriorating mental health had brought him close to death. While Starson’s psychiatrists wanted to treat him, the law prevented them from doing so. This paper analyzes the laws that ensnared Starson and others and proposes amendments to better protect seriously ill patients. We will demonstrate that in attempting to safeguard autonomy, the Ontario law imperils and physical and mental health of involuntary psychiatric patients, and often results in subjecting them to prolonged detention, mental anguish, physical and chemical restraint, and solitary confinement. A better balance needs to be struck among the competing interests of these patients. In striking this balance, consideration must be given to the law’s real-world impact on the lives and liberty of those it purports to protect.