The use of the ontario mental health act as a means of preventive detention for the dangerous mentally ill offender

Abstract

Recent changes to mental health legislation in many countries have been directed towards securing the civil rights of the mentally ill. One method to achieve this has been to define strictly the criteria under which patients may be detained against their will. A consequence of an emphasis upon issues such as dangerousness to others is that a person with a mental illness who has shown a clear pattern of violent behaviour in the past may be preventively detained under such legislation. We report on the attempt to detain seven violent mentally ill offenders by means of a civil commitment under the Ontario Mental Health Act immediately prior to their release from custody on expiry of their fixed judicial sentences. All of the five subsequently released have reoffended; two have since been convicted and reincarcerated for murder, one for sexual assault, one for arson, and one for uttering threats.