Advocacy groups won't appeal Ontario court's dismissal of Charter challenge to long-term care law
The case, launched by the Advocacy Centre for the Elderly (ACE) and the Ontario Health Coalition (OHC), was heard in the Superior Court of Justice in September.
The two parties argued Bill 7, the More Beds, Better Care Act, — which was passed in 2022 — violates the Charter of Rights and Freedoms so the law should be overturned. The provincial government, however, maintains the law is necessary to free up much-needed hospital beds.
In mid-January, the court sided with the province and decided to dismiss the case.
In an interview with CBC News on Wednesday, Ontario Health Coalition executive director Natalie Mehra said OHC can't afford the legal costs to appeal.
The OHC is paying the majority of legal fees in this case, of "close to $200,000," according to Mehra. She said they're still fundraising to pay it off.
She also said an appeal is always challenging to win.
"It's very disappointing and really heartbreaking," Mehra said.
"We know that patients really are suffering as a result of the coercion, trying to find somewhere to move from hospital into a long-term care home that is a decent home, that provides the care that they need, that is close to loved ones."
In the published decision from January, Justice Robert Centa said the law doesn't contravene the Charter. The bill "does not interfere with an ALC [alternate level of care] patient's 'right' to choose where they live," and the $400 daily charge for a continued hospital stay is "not coercive," Centa wrote.
Natalie Mehra, executive director of the Ontario Health Coalition and a longtime advocate for public health care, says they'll continue to 'ramp up our fight' to get the province to prioritize the rights of elderly patients. (Joe Fiorino/CBC)
Instead, Bill 7 has a "sufficiently important objective," the justice added.
"I found that the purpose of Bill 7 is to reduce the number of ALC patients in hospital who are eligible for admission to a long-term care home in order to maximize hospital resources for patients who need hospital-level care."
Mehra said ACE and the OHC were "shocked" by the ruling, especially the idea that a $400 daily charge isn't coercive.
"These are elderly patients, they're on fixed incomes, $400 a day is $12,000 a month — that is beyond the means of the vast majority of people in Ontario. It really means that they don't have a choice in our view."
An Ontario patient charged $26K under legislation
Since the law was implemented in 2022, CBC News has spoken with people who were impacted, including Michele Campeau, whose elderly mom was charged $26,000 under the legislation last year. Campeau had refused to move her mom out of a Windsor hospital and into a long-term care home the family didn't want.
CBC News reached out this week to Campeau for comment, but hasn't heard back. When she last spoke to CBC News in January, Campeau said she wasn't planning to pay the fee and didn't agree with the court ruling.
Patients, their caregivers and seniors advocates have said the law is unfair and doesn't give elderly people, who might be in their final stage of life, the right to choose where they want to live.
But health-care leaders who provided expert evidence during the court case have said the law helps free up hospital beds for people who need them.
A spokesperson for Ontario's minister of health previously told CBC News the law "ensures people across the province receive the care they need, in a setting that is right for them."
"It frees up hospital beds so that people waiting for surgeries can get them sooner. It eases pressures on crowded emergency departments by admitting patients sooner and it connects more people to the care they need when they need it."
Michele Campeau, left, visits her mother, Ruth Poupard, 83, at Hôtel-Dieu GraceHealthcare in Windsor on April 3. Campeau had refused to move her mom out of hospital and into an LTC home the family didn't want. (Dax Melmer/The Canadian Press)
'Ramp up our fight'
Despite the OHC's decision, Mehra said they're not giving up.
She said they will continue to advocate for patients and "ramp up our fight" to get the province to prioritize the rights of elderly patients.
Beyond overturning the law, she said, they'll advocate for the government to improve home care, increase capacity in hospitals and LTC homes, and move forward with building new and modern homes that people want to live in.
"The fact that the solution has been to target patients rather than to deal with the capacity issues in our health system ... it's wrong, it's morally wrong, to treat people at the end of their lives in that way," she said.
"We have to fight with everything we have to force political change."
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Cornwall police say they're dealing with 20 people like Cleary on a daily basis. The force picked five individuals from that group and found each averaged 53 occurrences requiring police response in 2024. So, what to do? Shin founded and co-leads the Ontario Psychiatric Association's mental health and law reform task force, which is calling on the province to expand forced treatment in certain circumstances. From her organization's perspective, some forced care protects the right to health for vulnerable people whose illnesses can cause delusional thinking. "Choice is extremely important, but that choice has to be a capable choice, and a capable choice needs to include that there's an understanding of the symptoms of the illness and the consequences of saying, 'No, I don't want treatment,'" Shin said. The task force wants the province to: Permit treatment during a patient's court appeal after the Consent and Capacity Board upholds a finding that they're incapable of making a decision. 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She was removed last August by police after her illness deteriorated. In late October she was arrested and charged by Cornwall police for the 23rd time, according to court records — this time for breaching probation and trespassing at her former apartment building. She spent a month and a half in jail getting back on medication before she pleaded guilty in December. She was sentenced to the time she had already served, bringing her total time in jail since 2018 to about 347 days. Near her tent encampment on Wednesday, she recalled being removed from the assisted living facility and being strapped down on a bed in an anteroom of the hospital's emergency department for half a day. "Then they admitted me for 12 days. The doctor released me onto the street again," she said. Asked what she thinks she needs, Cleary said Cornwall has only one psychiatrist and requires more, and that she needs to live with someone who can help her with things like getting around and getting dressed. 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Mental health resources Do you need help, or does someone you know need help? Here are some mental health resources in the province, which differ depending on where you are: 211 Ontario maintains a database of services. You can search by topic (mental health/addictions) and your specific location. Live chat is available Monday to Friday from 7 a.m. to 9 p.m. ET, and a chatbot is available 24/7. You can also text 211, call 211 or email gethelp@ ConnexOntario is a directory of community mental health and addictions services in Ontario. You can connect with someone for information and referrals to services in your community 24/7 via 1-866-531-2600, texting "CONNEX" to 247247, live web chat or email. The Suicide Crisis Hotline can be reached 24/7 by calling or texting 988.
Yahoo
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Debate on forced mental health treatment continues as one woman's costs top $800K
In the fight to better help people with severe and persistent mental illness in Ontario — which can sometimes result in costly detention in jails and hospitals — two opposing camps are lobbying the Ministry of Health in very different directions. On one side are those who think unwell patients are given too much freedom to reject treatment, putting them at risk of having their mental illnesses progress and become entrenched. On the other side are the patient advocates who say there are already enough mechanisms to force treatment on people, that giving patients the help they ask for leads to better outcomes, and that insufficient community support is the real problem. Meanwhile, health and justice systems as they exist today can spend much to achieve little. In one woman's ongoing case, a CBC News analysis estimates the costs since 2018 at $811,600 — and counting. She has bipolar I disorder, characterized by episodes of extreme emotional highs that last at least a week, followed by depression. Click here for source data Yet despite Barbara Cleary's dozens of stints in hospital psychiatric wards, emergency housing, jail cells and living rough — as well as brief periods of stability and several months in an assisted living facility last year — today the 76-year-old is again unhoused, living in a tent encampment in Cornwall, Ont., continuing the cycle. 'An extremely high cost to the system' "It is an extremely high cost to the system when people are unwell," said Dr. Karen Shin, chief of psychiatry at St. Michael's Hospital for Unity Health Toronto and chair of the Ontario Psychiatric Association. "And you have to remember, she's one person. If you went in and reached out to any psychiatrists in the system that are working in a hospital, they can tell you numerous people they care for that have a similar story." Cornwall police say they're dealing with 20 people like Cleary on a daily basis. The force picked five individuals from that group and found each averaged 53 occurrences requiring police response in 2024. So, what to do? Shin founded and co-leads the Ontario Psychiatric Association's mental health and law reform task force, which is calling on the province to expand forced treatment in certain circumstances. From her organization's perspective, some forced care protects the right to health for vulnerable people whose illnesses can cause delusional thinking. "Choice is extremely important, but that choice has to be a capable choice, and a capable choice needs to include that there's an understanding of the symptoms of the illness and the consequences of saying, 'No, I don't want treatment,'" Shin said. The task force wants the province to: Permit treatment during a patient's court appeal after the Consent and Capacity Board upholds a finding that they're incapable of making a decision. Remove the requirement that people have had to respond to treatment in the past from involuntary admission criteria under the Mental Health Act. Extend a first involuntary admission from 14 days to up to 30 days. An organization called the Empowerment Council takes an opposing view. It says medication comes with risks that not every patient can tolerate, including the possibility of neurological damage, and that the trauma of having something forced into the body and mind can interrupt therapeutic relationships and scare people into avoiding it altogether. "Why not exhaust providing the services that evidence shows help people, rather than spending a half a million dollars on your more carceral responses?" said Jennifer Chambers, the council's executive director. "Instead, people are just in and out, in and out, and it makes no sense." Cleary spent a few months in an assisted living facility last year after CBC first covered her story. She was removed last August by police after her illness deteriorated. In late October she was arrested and charged by Cornwall police for the 23rd time, according to court records — this time for breaching probation and trespassing at her former apartment building. She spent a month and a half in jail getting back on medication before she pleaded guilty in December. She was sentenced to the time she had already served, bringing her total time in jail since 2018 to about 347 days. Near her tent encampment on Wednesday, she recalled being removed from the assisted living facility and being strapped down on a bed in an anteroom of the hospital's emergency department for half a day. "Then they admitted me for 12 days. The doctor released me onto the street again," she said. Asked what she thinks she needs, Cleary said Cornwall has only one psychiatrist and requires more, and that she needs to live with someone who can help her with things like getting around and getting dressed. Many people in the unhoused community help her out on a daily basis, she said, though in the past she has been taken advantage of by some. She wants housing, but in light of her history since 2018 it's unclear how long it would last. Chambers said Ontario used to be a leader in peer support, but that it's been first on the chopping block with funding constraints. And a transitional support system would help people adjust after being released from institutions like hospital and jail. "Peers can be really creative and supportive with just where people are, rather than concentrating so much on wrenching them into a different space against their will," she said. 'So much has changed' Shin agrees that more wrap-around social supports and services are necessary. But she also thinks Ontario's Mental Health Act needs beefing up. "So much has changed with our knowledge of mental health care, the importance of access to treatment, the concerns around repeated episodes of illness and how that leads to more intractable illness, how it can lead to medications not working as well," she said. "Most jurisdictions consider the potential risks and harms related to treatment refusal. They have legislative safeguards to ensure involuntary admission is with treatment, so that people get the treatment they need and are not indefinitely detained untreated." The provincial ministries of health and the attorney general, which oversees the justice system, have not responded to repeated requests for comment. Where our numbers come from According to figures provided by the Cornwall hospital about how much it costs to run its short-term crisis housing program ($100,000 per bed, per year), it cost about $14,600 to fund her bed for seven weeks this past winter. 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Hamilton Spectator
3 days ago
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Ontario Health Coalition and Health Coalitions from across Canada issued a joint statement in advance of the gathering of First Ministers and the Council of the Federation:
TORONTO, July 17, 2025 (GLOBE NEWSWIRE) — The Ontario Health Coalition and Health Coalitions across Canada want our provincial and federal leaders to succeed in the new international context dealing with the Trump presidency. At this time, we urgently remind our political leaders that access to universal, comprehensive public health care is a core foundation of any just economy. Any governments that claim to prioritize the economy while ignoring the collapse of health care have lost their moral compass. We remind our political leaders that the economy exists to serve people, not the other way around, and the economy is more than militarism and private sector projects. If a person falls ill or is injured and cannot access health care or mental health care, there is no economy for them. If a 70-year-old goes to a private clinic and is forced to use their life savings and pay thousands of dollars for their surgery, what chance do they have to get out of poverty for the rest of their life? If a person has diabetes and cannot afford their insulin and supplies, what economy is there for them? Our public health care is a nation-building success, still a source of national pride – and rightfully so. It is a cornerstone element of our public services that Canadians have built over a century to ease suffering and need, and to support people to live to their human potential. The values of equity and compassion that underlie our public health care for all are foundational principles for our society. We expect our political leaders to champion these values while we reforge our national identity in the new international context. As Canada's leaders meet, our public health care system is, without exaggeration, in open crisis. Runaway privatization is taking funding and staff away from public health care services. Staffing shortages are a national catastrophe, forcing emergency departments to close and leaving health care workers with impossible workloads while patients wait longer and suffer more. Private clinics are violating the Canada Health Act, charging patients hundreds to thousands of dollars for surgeries and diagnostic tests in illegal user fees and extra-billing. Seniors can't access the care they need. Mental health and addiction services are underfunded, subject to privatization and cuts, or are simply unavailable. Millions still do not have access to family medicine. The implementation of the first phase of pharmacare (drug coverage for all) has stalled. All this is happening as billions are poured into militarization and border enforcement — billions earmarked for Donald Trump's priorities while the urgent daily health care needs of people across Canada are not being addressed. While our political leaders talk about new 'nation-building' plans, those things that have created equity and a more just society in our nation-building over the last century are at risk: a world class public health care system; environmental and labour protections; and, the first steps toward reconciliation with First Nations and Indigenous Peoples. If the only pressure our governments feel comes from Donald Trump and the corporate agenda, we will lose what we value most. We reject expanding war budgets and gutting regulatory protections while patients and health care workers are left to beg for care. We demand adequate funding for public health care, action to safeguard and uphold the Canada Health Act, an end to rampant privatization schemes and deregulation of public interest protections led by the governments in Ontario and Alberta, and true public solutions to the crisis. Now is the time to stand up for public health care and the values it represents: equity, compassion, dignity, and care for all. Canadians overwhelmingly support our public system. It cannot wait. It's time for governments to listen — and act. The Ontario Health Coalition advocates to protect public health care services from being cut and closed and to improve access and care. It represents more than 750,000 Ontarians including patients, patient advocates, families, doctors, unions, non-profit organizations, seniors' groups, nurses, health professionals, care and support workers, students, ethnocultural organizations, and concerned citizens, among others. For more information: (Alberta) Friends of Medicare Alyssa Pretty, Communications Officer, (780) 667-4581, alyssa@ ; BC Health Coalition Ayendri Riddell, Director of Campaigns and Policy, (604) 787-6560, ayendri@ ; Canadian Health Coalition Jason MacLean, Chair, (902) 549-1888 jmaclean@ ; Nova Scotia Health Coalition Jennifer Benoit (she/her) Provincial Coordinator, (902) 406-9422, coordinator@ ; Ontario Health Coalition Natalie Mehra, Executive Director, (416) 230-6402, natalie@ ; PEI Health Coalition Mary Boyd, Chair, (902) 969-2693, maryjboyd02@