To protect the identity of his son, a Toronto father asked not to be named but is speaking out as he tries to navigate the legal system to take control of his son’s care.
“My son is a threat to himself and others,” the father said. “It is only a matter of time before something terrible happens.”
He says his 28-year-old son has been declining mentally for the past 10 years.
“He has been hallucinating, has been delusional, but more concerning is he has threatened to kill people,” the father explained.
While his son has never carried out or acted on those threats, his father worries he will soon.
Most recently, he says his son threatened to burn down the apartment building where he lives. He has a long criminal history with a series of arrests. Each time, his father has pleaded with police to get him into a mental health facility. They did once, but the son was quickly released.
“The doctor did not understand the extent of [the] damage in his brain and what he has been doing because my son was able to manage and cover it up. So they let him go.”
The father left a good paying job in the U.S. and recently moved back to Toronto to be close to his son, who lives in an apartment the father has been paying for.
“I felt I had no choice because my son’s health is deteriorating,” he added. “He will not seek treatment on his own, and when I try to convince him, he becomes violent.”
The father’s new full-time job is working to seek legal assistance from someone who can help him navigate what can be a very difficult path: forcing an adult who refuses care to get treatment.
“The legal system is too reliant on an adult who doesn’t know what he’s doing.” the father said. “I know I can save him if the government does something, if lawyers can help me get him into long-term treatment.”
This family’s story isn’t rare, according to lawyer Alexander Procope, with Perez Procope Leinveer LLP, who specializes in mental capacity law.
“I’d say our firm probably gets calls from family members in similar situations routinely, maybe monthly,” he explained.
While there are ways for a parent to take control, Procope says legal options are limited when it comes to non-consenting adults.
“It’s tricky. You’re balancing trying to help a person with not always effective treatment and a person’s rights to decide what they want to do with their life and what they want to put inside their bodies. So the law tries to balance it,” Procope added.
Under Onatrio’s Mental Health Act, families can initiate a psychiatric assessment through what’s known as a Form 2. It requires family members to state their case to an Ontario Justice of Peace, detailing the reasons why they feel their loved one is a danger to themselves or society.
“The person has to provide evidence that the person they’re worried about meets the criteria for that form,” Procope said. “If the Justice of the Peace is satisfied that the Form 2 should be issued, the police will deliver the person to the local psychiatric facility and that will usually result in an up to 72 hour assessment.”
The father who spoke to CityNews, is exploring that option but is once again fearful his son won’t be properly assessed.
“From what I understand, they’ll only take his word after the form is executed. Given his ability to mask his condition, I am not hopeful that assessment will go well,” he explained. “What needs to happen is, I need to be involved and explain to the professional who sees him how bad this situation really is. He needs long term care.”
Procope says it is possible for family members to get involved after a Form 2 is executed but takes a bit of work on their end.
“The police will usually work with family members to say where they’re taking a person. You can go in there and say, ‘I would like to give some information for the team to consider.’”
While it remains a viable legal option, the execution of a Form 2 involves a person being taken, oftentimes, against their will, which Procope says isn’t always ideal.
“I will often encourage people to use that as a last resort. And to try and engage less coercive options,” he added, while pointing to organizations like The Gerstein Crisis Centre, who are armed with mobile crisis teams who can try and help families experiencing mental health issues with loved ones.
“It’s a great example of a non-coercive crisis team that can try and meet with patients to get results,” he added.
Procope says while he understands the frustration this family is experiencing, there are options in Ontario including resources to help.
“There is actually a long list of community mental health organization’s like Canadian Mental Health Association, the City of Toronto has a very long list of organizations you can reach out to as well,” he said.
For more information on help available, you can visit Ontario’s Mental health online resource.
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