Focus On

MENTAL INCOMPETENCY - Committal - Patients’ rights - Habeas corpus 

Friday, July 02, 2021 @ 5:46 AM  


Lexis Advance® Quicklaw®
Appeal by Cannon from a chambers decision that dismissed his application for habeas corpus with respect to four individuals. The appellant was a friend of Richardson, who was detained under the Mental Health Services Act. Richardson’s adult daughter was subsequently detained under the Public Health Act for refusing to self-isolate after being exposed to a positive COVID-19 case. While Richardson was detained, interim custody of his minor child was awarded to her mother. By the time the application was heard, Richardson and his adult daughter were no longer detained. The appellant had not served all named respondents and the chambers judge had refused his application to dispense with service. The appellant had not provided evidence with respect to Pembrun’s alleged detention at the time his application was heard. He sought to file fresh evidence of her circumstances. On appeal, he filed a notice of constitutional question challenging the provisions of several statutes as breaching the four individuals’ Charter rights.

HELD: Appeal dismissed. The fresh evidence was not admitted as it would not have reasonably affected the result of the application or was not relevant to the issues under appeal. Refusing to consider the constitutional issues raised by the appellant was not unjust. The chambers judge’s dismissal of the appellant’s application to dispense with service on the respondents was dispositive of the appeal. The appellant’s application before the chambers judge could not succeed without proper notice being given. The chambers judge did not err in concluding the minor child was not deprived of liberty or that the application was moot as Richardson and his adult daughter were no longer being detained.

Cannon v. Saskatchewan (Court of Queen's Bench), [2021] S.J. No. 229, Saskatchewan Court of Appeal, G.R. Jackson, J.A. Ryan-Froslie and B. Barrington-Foote JJ.A., May 18, 2021. Digest No. TLD-June282021008