LAW TERMS

60 cards·by whateverkelly

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Canada treats the prison as a last resort:

limit on personal freedom & isolation impedes rather than assists in freedom

The federal correctional system's purpose and principles focuses on the

protection of society as paramount

When inmates breach rules, the system tries to deal with it informally, however,

if it is serious and recurrent breaches occcur, the inmate is charged with disciplinary offence

Solitary confinement:

also referred to as Administative, 15 days max

Most offenders are sentenced to 2 years plus are federal, but Provincial is:

2 years less a day

Corrections and Conditional Release Act

govern the rights of inmates in the system

Canadian victims bill was passed in:

2015. This includes rights to information, protection, and participation as well as to seek resititution

Statutes that describe the rights of incarcerated people are:

Canadian charter of Rights and Freedoms, CYFSA, Criminal Code of Canada

Of the 10 leading disabilities in the world,

5 are MENTAL HEALTH DISORDERS

Substitute Decision Maker: a person suffering from

a serious illness and unable to manage their care completely, or make reasonable care decision, health prof. require consent-person/power

Community Treatment Order (CTO)

a triage transition, was introduced to try and stop the revolving door of inpatient hospitalizations. these can be made for 2 years criteri

A SUBSTITUTE DECISION MAKER CAN BE:

a professional, a rights advisor, a family member, a friend, it's a very broad spectrum

A power of attorney:

personal care, property decision maker

Mental illness is:

disproportionately common with improverished individuals

Statutes that form the legal framework for Mental Health:

Mental Health Act, Health Care Consent Act, Substitute Decision Act

Mental Health Act:

sets out the powers and obligations of psychiatric in Ontario.

Health Care Consent Act:

Rules of informed consent for treatment. Facilitation of admissions to care facilities for persons lacking decison making capacity

Substitute DECISION maker:

Relates to the Health Care Consent Act and deals with decision making around pover of finances, and decisions about personal care.

Voluntary admissions can leave the hospital

whenever they want

Brian's law was passed in:

2000, sportscaster shhot, easier to commit dangerous patients to a hospital and ensure they receive treatment

Anti-social personality disorder is

NOT considered a mental health disorder

In an effort to respond to poverty,

all three levels of the government support the framework of income assistance.

Ontario work: only applies to:

Ontario residence, there is a variety of criteria that are considered to determine the amount eligible for.

Subsistence needs:

include food and housing

Ontario works is managed by:

Ministry of Community and Social Services

Who is eligible to receive retirement benefits under Canada pension plan:

anyone who has made a valid contribution to CPP is eligible when 65, living or not in Canada

A non-citizen who has complied with Canada's immigation law and policy has a right to:

stay indefinitely when they receive permanent residence

Investor immigrants must have

a net worth of 1.6 million among other criteria

Canada's target for immigration is

1% of our total population

Immigration policy is governed by the immigration and refugee protection act which:

is administered by the Citizenship and Immigration Canada

Self-employed status includes (immigration criteria)

athletics, cultural activities and farming

4 general categories of immigation favoured by Canada's immigration policy:

skilled workers, entrepreneurs, reugees, family members of the previous 3

Human Trafficking warning signs:

No I.D., someone here but we don't know why, a child/teen from elsewhere with no family here, fearful of status or employment

implied consent is given by

a person's actions or inactions

Capacity is the ability to understand the information required to

make decisions regarding treatment

A person who makes decisions about legal, financial or health matters for someone else that is

incapable of making those decisions is the Substitute Decision maker

Relevant legislation includes:

Health Care Consent Act, Substitute Decisions Act, Personal Health information protection act

Specialized housing IS:

Government sponsored housing, Private housing pd byb residents, and Resident-ownership housing

Remember Criteria for consent;

age, capacity, time frame, particular treatment, voluntary

4 different kinds of in-home care available through CCAC:

Professional visits, homecare, personal support, community support services

List the two most important justifications for incarceration of people convicted of crimes:

Protection of Society and Deterrence

why does Canada's justice system view incarceration as a penalty of last resort:

Poor role models:don't want them to be better criminals, and takes away from family

why is "two years less a day" a fairly common sentence for less serious crimes?

It's provincial

List 3 statutes that dexcribe the rights of incarcerated people:

Ministry of Correctional Service Act, Corrections and Conditional Release Act, CYFSA

The paramount principle of the Corrections and Conditional Release Act:

the conditional release means any release before the last day of the offender's full sentence, but that is conditional if released early

What are the two kinds of early release (fed) and how do they differ?

Statutory: automatic after 2/3 served, Conditional: any release before the last day of full sentence: can be revoked for breach/conditions

Why do SSW's need to understand the legislative framework of Ontario's mental health system?

1 in 5 Canadians to be affected in their lifetime. All SSW's will support a client who struggles with MH.

What is Brian's law?

Passed in 2000, expanded the criteria for a psychiatric (form 1) assessment.

Possible outcomes for a NCRMD verdict:

Detention in hospital, conditional discharge, absolute discharge.If no threat to the community,should have absolute/conditional discharge

Someone receiving Ontario Works gets light employment?

They would be asssessed and may lose benefits, or get a small amount

If someone is cut off from benefits, doens't meet agreement, and he wishes to challenge the decision, what must he do?

Submit a letter to local Ontario Works and launch an appeal before the Social Benefits Tribunal

Why does CIC impose qualifying criteria on immigration canidates?

They have more applicants wanting to move to Canada than our immigration policy allows.

What are the 4 immigration categories of immigrants favoured by Canada's immigration policy?

1. skilled workers 2. entrepreneurial 3. refugee 4. family of the previous 3

Which characteristic in immigrants, are most strictly screened by Canada's immigration policy?

Criminal History and High Needs Healthcare

What is permanent resident status and why do immigrants need it?

A non-resident who has compllied with Canada's immigration law and policy. they can stay indefinitely once they get it

If a healthcare practioner believes that a patient is incapable of consenting to or refusing a treatment who should they seek consent?

The guardian, attorney, spouse/partner, 18+ child, parent, siblin or other relative

List some of the criteria deemed to be valid:

Capacity, Understand, Particular treatment, time frame, informed, voluntary

Who has the power of attorney for Personal care?

Attorney for personal care, makes decisions regarding personal care, can be friend of relative, or healthcare

New law related to assist dying in Canada

in 2016 the federal government of Canada enacted a new law creating the framework for medically assisted dying

Points for new Assisted Dying law:

18+ with irremediable med.cond., voluntary request not made from external pressure, informed consent instead of suffering