Issues

Updates and background for this project (Digest)

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Should a broad umbrella definition of mental health impairment, incorporating mental illness and cognitive impairment, be included in the MHFPA? What practical impact would this have?

If an umbrella definition were to be adopted, would it be appropriate to state that mental impairment includes a mental illness, cognitive impairment, or personality disorder, however and whenever caused, whether congenital or acquired?

Should the term “mental illness” as used in Part 4 of the MHFPA be replaced with the term “mental impairment”?

Should the MHFPA continue to refer to the terms “mental condition” and “developmentally disabled”? If so, in what way could the terms be recast?

Alternatively, should the MHFPA include a definition of cognitive impairment or disability? If so, should that definition be “a significant disability in comprehension, reason, judgment, learning or memory, that is the result of any damage to, or disorder, developmental delay, impairment or deterioration of, the brain or mind”?

Should the MHFPA be amended to create a general power of the court to order an assessment of an offender at any stage during proceedings?

If so,

(a) who should conduct the assessment?

(b) what should an assessment report contain?

(c) should any restrictions be placed on how the information contained in an assessment report should be used?