Law360 Canada ( October 6, 2016, 8:00 PM EDT) -- Appeal by the Empowerment Council, Systemic Advocates in Addictions and Mental Health, from the dismissal of its application for a declaration that Brian’s Law violated the rights of mental health patients to liberty and security of the person. The Council continued the application after Thompson, a mentally ill woman subject to a community treatment order (CTO), left Canada in 2007. The Council was an advocacy group representing the interests of individuals involved with mental health and addiction services. The Council also led evidence about another patient, Ness, who had been the subject of involuntary committal and a CTO. Ness strongly resisted treatment with neuroleptic drugs, complained of side effects and said she only agreed to a CTO to avoid involuntary committal. CTOs were a measure that came about after the enactment of Brian’s Law. Brian’s Law expanded the grounds for involuntary committal to include a 72-hour restraint and examination period in a psychiatric facility where a physician had reasonable cause to believe a person was likely to suffer substantial mental or physical deterioration or serious physical impairment if the person had been treated for mental disorder in the past, had shown improvement as a result of clinical treatment in the past, and was suffering again from the same mental disorder. Brian’s Law also provided for CTOs, alternative measures to involuntary committal for persons detained for 72 hours who required continuing treatment to protect themselves and others from mental or physical deterioration or harm. A patient or his substitute decision maker had to consent to a CTO and had to undertake to comply with it. CTOs lasted six months and could be renewed on notice. The applications judge found that the purpose of Brian’s Law was not only to protect the public, but to improve the treatment of persons with serious mental health issues. The judge found that a review of Brian’s Law might be warranted, but left this responsibility to the Ministry of Health. The Council relied on evidence from two professors who opined that anti-psychotic medication was not effective as a treatment for mental disorder, and that its side effects were severe. The experts opined that coerced treatment undermined the patient’s dignity and sense of self-worth. The Council also relied on studies challenging the effectiveness of CTOs by examining two similar schemes in the USA. The Crown led expert evidence about the effectiveness of CTOs in treating mental health patients....