The Mental Diseases Act

Transcription

1 The Mental Diseases Act being Chapter 195 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation 3 Designations of hospitals OFFICERS 4 Appointment 5 Duties of superintendent 6 The bursar, appointment and duties of APPREHENSION AND COMMITTAL 7 Information and warrant 8 Apprehension without warrant 9 Hearing 10 Committal 11 Discharge 12 Inquiry as to property, etc. 13 Power to summon witnesses 14 Inquiry re prisoners 15 Detention on authority of certificates APPEAL 16 Application to judge 17 Procedure by judge 18 Costs REMOVAL TO HOSPITAL 19 Minister s warrant 20 Female patients ESCAPE AND RECOMMITTAL 21 Escape and recommittal Table of Contents COMMITTAL TO CUSTODY OF FRIENDS 22 Permission of superintendent 23 Recommittal to hospital EXPENSES AND MAINTENANCE 24 Estate of patient 25 Expenses prior to removal 26 Expenses recoverable 27 Lien for expenses 28 Registering statements 29 Maintenance of indigents 30 Indians not admitted unless expense guaranteed PROTECTION OF PERSONS ACTING HEREUNDER 31 Nonliability to civil proceedings 32 Staying vexatious proceeding EX-SOLDIERS 33 Committal 34 Protection 35 Powers of medical officer VOLUNTARY PATIENTS 36 Procedure for admission 37 Period of detention 38 Clinical record GENERAL PROVISIONS 39 Temporary hospitals 40 Regulations governing hospitals 41 Post mortem examination SCHEDULE

3 CHAPTER 195 An Act respecting the Care and Treatment of Mentally Diseased Persons SHORT TITLE Short title 1 This Act may be cited as The Mental Diseases Act , c.75, s.1; R.S.S. 1930, c.195, s.1. INTERPRETATION Interpretation 2 In this Act, unless the context otherwise requires, the expression: Hospital 1. Hospital means the provincial hospitals for mental diseases at Battleford and Weyburn, or any other provincial hospital for mental diseases which may hereafter be established in Saskatchewan; Judge 2. Judge means a judge of the Court of King s Bench for Saskatchewan; Minister 3. Minister means the Minister of Public Works or such other member of the Executive Council as is intrusted with the administration of this Act, and department has a corresponding meaning , c.75, s.2; R.S.S. 1930, c.195, s.2. Designations of hospitals 3 The provincial hospitals for mental diseases at Battleford and Weyburn, and any other provincial hospital for mental diseases which may hereafter be established in Saskatchewan, shall be called The Mental Hospital, Battleford or The Mental Hospital, Weyburn or, as the case may be , c.75, s.3; R.S.S. 1930, c.195, s.3. HISTORICAL REFERENCE ONLY OFFICERS Appointment 4(1) In each hospital a superintendent and such medical and other officers as are deemed necessary may be appointed. (2) The salaries of the superintendent and all other officials may be paid out of moneys from time to time appropriated by the Legislature for the purpose , c.75, s.4; R.S.S. 1930, c.195, s.4.

4 4 c. 195 MENTAL DISEASES Duties of superintendent 5 The superintendent shall he the chief executive officer and shall: (a) direct and control the treatment of the patients; (b) watch over the internal management, and maintain the discipline and due observance of the regulations prescribed for the government of hospitals; (c) direct the training of nurses in accordance with a scheme approved by the minister; (d) report conditions to the minister; (e) report annually to the minister upon the affairs of the hospital, with such suggestions as may in his opinion tend to its improvement , c.75, s.5; R.S.S. 1930, c.195, s.5. The bursar, appointment and duties of 6 The financial business and affairs of each hospital shall be conducted by an officer to be called the bursar who shall: (a) report the state of the income and expenditure of the hospital to the superintendent monthly; (b) perform such other duties as may be assigned to him under any regulations in force respecting hospitals, and in accordance with the direction of the minister. APPREHENSION AND COMMITTAL , c.75, s.6; R.S.S. 1930, c.195, s.6. Information and warrant 7 Any person, who suspects and believes that another is mentally diseased and dangerous to be at large, may lay an information on oath (form A) before a justice of the peace, and such justice may thereupon issue his warrant (form B) to apprehend the person against whom the information is laid and cause him to be brought before him or some other justice of the peace , c.75, s.7; R.S.S. 1930, c.195, s.7. Apprehension without warrant 8 Any person, apparently mentally diseased and conducting himself in a manner which in a normal person would be disorderly, may be apprehended without warrant by any constable or peace officer and detained in some safe and comfortable place, not being a gaol, prison or reformatory, until the question of his sanity is determined as prescribed by sections 9, 10 and , c.75, s.8; R.S.S. 1930, c.195, s.8.

5 MENTAL DISEASES c Hearing 9(1) When a person who has been apprehended under section 7 or section 8 is brought before him, the justice shall proceed to hear such evidence under oath, including, if possible, the evidence of two nonprofessional persons acquainted with the facts, as is adduced with reference to: (a) his alleged mental disease, including the evidence of a duly qualified medical practitioner (form C); (b) the danger to be apprehended from his being at large; (c) his residence for at least six months previous to inquiry; (d) his calling or profession; (e) his means of support; (f) his friends and relatives; (g) the fact of his being married or single; (h) such other facts as are necessary to be embodied in the report of the justice to be made to the minister as hereinafter required; (i) what real and personal property he is possessed of; and (j) whether or not he was a member of His Majesty s forces during the war. (2) The justice may from time to time adjourn the inquiry and upon adjournment the person charged may by warrant (form D) be remanded to safe custody until proper inquiry is made as herein directed; but in no case shall such person be committed to a gaol, prison or reformatory nor shall any adjournment be for more than three days , c.75, s.9; R.S.S. 1930, c.195, s.9. Committal 10 If upon hearing the evidence adduced, the justice is satisfied that the person brought before him is mentally diseased and dangerous to be at large, he shall commit him by warrant (form E) to the custody of some relative or friend or to other safe custody, not being a gaol, prison or reformatory, there to await the order of the minister for removal to the hospital or until discharge by law; and he shall forthwith make a report of the case (form F) and shall transmit the report accompanied by the information, if any, the evidence taken, and a copy of the warrant of commitment, to the minister who may, if he sees fit, order further inquiries to he made , c.75, s.10; R.S.S. 1930, c.195, s.10. Discharge 11 In case it appears to the justice that the person charged is not mentally diseased, or though mentally diseased is not dangerous to be at large, he shall forthwith discharge him from custody and report the proceedings in the manner hereinbefore provided to the minister , c.75, s.11; R.S.S. 1930, c.195, s.11.

6 6 c. 195 MENTAL DISEASES Inquiry as to property, etc. 12 If satisfied that the person charged is mentally diseased and dangerous to be at large, the justice shall further inquire whether he is possessed of any and what property and where the same is situated, and also as to the number of persons, if and who are dependent upon him for support, eliciting as far as possible the necessary information as to all other matters mentioned in form F, so that it may be ascertained whether such person should be sustained as a mentally diseased pauper or not , c.75, s.12; R.S.S. 1930, c.195, s.12. Power to summon witnesses 13 A justice acting under the provisions of this Act shall have the like authority for compelling the attendance of witnesses as he would have under any law in force respecting summary convictions, and he shall be entitled to such fees as are prescribed by the Lieutenant Governor in Council , c.75, s.13; R.S.S. 1930, c.195, s.13. Inquiry re prisoners 14 When a person confined in gaol under conviction for an offence is adjudged by a duly qualified medical practitioner to be mentally diseased, and the practitioner has furnished a certificate (form C), the minister shall, as soon as conveniently may be, direct inquiries to be made with respect to such person by a justice of the peace, similar to those hereinbefore directed to be made in other cases, and the justice shall thereafter proceed as in other cases hereinbefore provided , c.75, s.14; R.S.S. 1930, c.195, s.14. Detention on authority of certificates 15(1) Notwithstanding the foregoing provisions, the certificates of two legally qualified medical practitioners (form C), accompanied by a statement containing as much of the information required under form F as they are able to obtain and setting forth that it contains such information, shall be sufficient authority to any person to convey to hospital the person named in the certificates, and to the authorities thereof to detain him therein as long as he remains mentally diseased. (2) The medical practitioner shall in the certificate state the facts upon which he has formed his opinion, distinguishing the facts observed by him from the facts communicated to him by others. Every such certificate shall be signed in the presence of two subscribing witnesses and shall bear date within three months of the time of the admission of the patient. (3) Upon the admission of a patient to hospital under this section, the superintendent shall forthwith notify the minister of such admission and at the same time transmit to him the above mentioned certificates and statement, and thereupon the minister may issue his warrant for the detention of the patient, in form prescribed by the Lieutenant Governor in Council , c.75, s.15 (1), (3) and (4); R.S.S. 1930, c.195, s.15. HISTORICAL REFERENCE ONLY

7 MENTAL DISEASES c APPEAL Application to judge 16 If upon the committal of a person under section 10 any of his relatives or friends believes the committal to have been unwarranted and not justified by the evidence given before the magistrate, such relative or friend may, on notice to the minister before issue of the warrant for removal and within four days after committal, apply to a judge for discharge of such person from custody on the ground that he is not mentally diseased or though mentally diseased is not dangerous to be at large , c.75, s.16; R.S.S. 1930, c.195, s.16. Procedure by judge 17 The judge shall forthwith examine the person committed and the evidence and other papers relating to the committal, and may hear further evidence, and, if satisfied that such person is not mentally diseased or though mentally diseased is not dangerous to be at large, grant a certificate (form G), or dismiss the application. Such certificate shall be sufficient authority for the discharge of such person from custody, and a copy thereof shall be furnished to the minister , c.75, s.17; R.S.S. 1930, c.195, s.17. Costs 18 The costs of the application shall be borne in any event by the person making it. REMOVAL TO HOSPITAL , c.75, s.18; R.S.S. 1930, c.195, s.18. Minister s warrant 19(1) The minister may at any time by his warrant (form H), order the removal to the hospital of any person committed to safe custody under section 10 and such order shall be sufficient authority for the removal and admission to the hospital of such person and for his detention therein until sufficiently recovered to be discharged. (2) Except as hereinafter provided, such warrant may be directed to any constable or peace officer. (3) If any relative or friend of a patient whose removal to the hospital has been ordered desires to conduct him thither and is competent to do so, the warrant for removal may be directed to and executed by the relative or friend instead of a constable or peace officer , c.75, s.19; R.S.S. 1930, c.195, s.19.

8 8 c. 195 MENTAL DISEASES Female patients 20 When a female patient is being conveyed to the hospital, she shall, unless accompanied by her father, mother, brother, sister or husband, be placed in charge of or accompanied by a female , c.75, s.20; R.S.S. 1930, c.195, s.20. ESCAPE AND RECOMMITTAL Escape and recommittal 21 If a patient escapes from the hospital, any officer or servant of the hospital, or any other person, at the request of an officer or servant, may without warrant within forty-eight hours after the escape, or within one month thereafter where a warrant has been issued for the purpose by the minister, retake the escaped person and return him to the hospital, and he shall thereafter remain in custody therein under the authority by virtue of which he was detained prior to the escape , c.75, s.21; R.S.S. 1930, c.195, s.21. COMMITTAL TO CUSTODY OF FRIENDS Permission of superintendent 22(1) If the medical superintendent considers it conducive to the recovery of any person detained in the hospital that he should be committed for a time to the custody of his friends, he may allow him to return on trial to those friends upon receiving a written undertaking by one or more of them that he or they will keep the patient under supervision. (2) Nothing in this section shall authorise the temporary discharge of any person imprisoned for an offence, the period of whose sentence has not expired , c.75, s.22; R.S.S. 1930, c.195, s.22. Recommittal to hospital 23 If a patient is removed on trial from the hospital by his friends with the consent of the medical superintendent, then in case within six months from such temporary discharge the patient should again become dangerous to be at large, the minister may by his warrant to any person or persons or to all constables or peace officers of the province, direct that such patient be apprehended and taken back to the hospital, and such warrant shall be sufficient authority to any one acting thereunder to apprehend the person named therein, and to take him back to the hospital without any further or other proceedings , c.75, s.23; R.S.S. 1930, c.195, s.23.

9 MENTAL DISEASES c EXPENSES AND MAINTENANCE Estate of patient 24 When any person is committed to safe custody or to the hospital under the provisions of this Act, all the expenses incurred in connection with his apprehension, examination, committal, medical examination, custody, transportation, care and maintenance shall, unless otherwise provided, be borne by the person committed if on inquiry it is found that he is possessed of means for the purpose. In case he is without the necessary means of providing for his care and maintenance, and in case he has relatives or there are other persons legally liable and capable of so providing, such relatives or persons shall be liable for the expenses to the extent to which they are not paid by the patient , c.75, s.24; 1923, c.61, s.2; R.S.S. 1930, c.195, s.24. Expenses prior to removal 25 All of the expenses incurred prior to and inclusive of the removal to the hospital shall, except in the case of persons admitted to the hospital under section 15, be paid in the first instance by the department, but His Majesty shall be entitled to recover the same together with the expense of care and maintenance, if any, from and out of the estate of the patient or from the person or persons found to be legally liable to provide for his care and maintenance as aforesaid , c.75, s.25; 1923, c.61, s.3; R.S.S. 1930, c.195, s.25. Expenses recoverable 26(1) The expenses shall be recoverable at the suit of the minister in any court of competent jurisdiction. (2) The minister shall not be bound to demand or sue for such expenses if for any reason it is deemed inadvisable to do so, but he may make such other arrangement as he thinks proper for payment of the whole or a portion thereof out of the patient s estate, if any, or by the person or persons appearing to be so legally liable, or he may abandon all claim against the estate or against such persons , c.75, s.26; R.S.S. 1930, c.195, s.26. HISTORICAL REFERENCE ONLY Lien for expenses 27(1) When moneys have been expended by the minister in connection with the maintenance of a mentally diseased person or with the administration of his estate, a statement over the signature of the minister, certifying what moneys have been so expended, may be registered in any or all of the land titles offices, and from the time of registration the statement shall bind and form a lien and charge for the amount certified on all the lands of such person in the several land registration districts where the statement is registered, to the same extent as if the lands were charged in writing by an owner of land under his hand and seal; and after registration of the statement the minister may, if he deems it expedient so to do, proceed in court to realise upon the lien and charge thereby created.

10 10 c. 195 MENTAL DISEASES (2) In case the mentally diseased person is a married woman, the minister may register a similar statement in which he shall give the first Christian name in full and the surname, occupation and address of the woman s husband, if living, and upon registration such statement shall bind the lands of the husband in the same manner and to the same extent as it would if the were the property of his wife. (3) In case the mentally diseased person is under the age of twenty-one the minister may register a similar statement, giving the first Christian name in full and the surname, occupation and address of his father, or the first Christian name in full and the surname and address of his mother, if a widow, and certifying that the amount mentioned has been expended upon his apprehension, examination, committal, medical examination, custody, transportation, care and maintenance during minority, and upon registration such statement shall bind the lands of the father or of the mother, as the case may be, in the same manner and to the same extent as if they were the property of the mentally diseased person , c.75, s.27; 1923, c.61, s.4; R.S.S. 1930, c.195, s.27. Registering statements 28(1) Every such statement when registered shall have the same force and effect whether the mentally diseased person is alive or dead, and whether he is confined in, has been discharged, or has escaped from the hospital. (2) Every such statement shall be entered by the registrar in the execution register in the same manner as a writ of execution or certified copy thereof forwarded by the sheriff or other duly qualified officer. (3) The charge created by such statement shall be subject to all equities, charges or incumbrances existing against the owner in or upon the land at the date of registration. (4) The lien or charge created by a statement may be discharged by the registration in the same office of a discharge executed by the minister , c.75, s.28; R.S.S. 1930, c.195, s.28. Maintenance of indigents 29 When a person who is committed to the hospital is not possessed of sufficient means to pay the cost of his maintenance and other expenses and there is no person legally liable and capable of providing the same, the costs and expenses shall he defrayed by the province , c.75, s.29; R.S.S. 1930, c.195, s.29. Indians not admitted unless expense guaranteed 30 Indians shall not be removed to the hospital unless the cost of their maintenance and other charges are guaranteed by the Superintendent General of Indian Affairs , c.75, s.30; R.S.S. 1930, c.195, s.30.

11 MENTAL DISEASES c PROTECTION OF PERSONS ACTING HEREUNDER Nonliability to civil proceedings 31 No person who lays an information under this Act, or who acts under the authority of section 8 or section 15, or who, acting as a justice of the peace, commits any person to safe custody upon the ground that he is mentally diseased or who signs or carries out, or does any act with a view to signing or carrying out an order purporting to be an order for the removal of a patient to the hospital, shall be liable to civil proceedings whether on the ground of want of jurisdiction or on any other ground if in so acting he has acted in good faith and with reasonable care , c.75, s.31; R.S.S. 1930, c.195, s.31. Staying vexatious proceeding 32 If proceedings are taken against any person for laying an information or doing such act or making a commitment or signing or carrying out or doing any act with a view to signing or carrying out such an order or for doing anything in pursuance of this Act, the proceedings may upon summary application to a judge be stayed, upon such terms as to costs and otherwise as the judge thinks fit, if he is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care. EX-SOLDIERS 192l-22, c.75, s.32; R.S.S. 1930, c.195, s.32. Committal 33(1) The Assistant Director of the Dominion Department of Soldier s Civil Reestablishment, or other official as is approved of for the purpose by the Lieutenant Governor in Council, may, on the report of a medical officer of the department finding any former member of His Majesty s forces to be mentally diseased and recommending his confinement, issue his warrant for the apprehension and detention of such mentally diseased person by any peace officer or constable or by an agent or employee of the department, and for his removal to the hospital, and he may at the same time or subsequently issue his warrant to the superintendent of the hospital, requiring him to admit such person to the hospital, there to be detained until he is sufficiently recovered to be discharged, and such warrant shall be a sufficient authority to the superintendent to admit and detain such person accordingly. (2) Such assistant director or other official shall, on the admission of a patient to hospital under this section, forthwith notify the minister of the admission and at the same time transmit to him true copies of all documents furnished to the superintendent , c.75, s.33; R.S.S. 1930, c.195, s.33. Protection 34 The Assistant Director of the Department of Soldiers Civil Re-establishment and agents and employees of the department acting under his orders or directions, shall be entitled to all the protection granted by sections 31 and 32 to the persons therein specified , c.75, s.34; R.S.S. 1930, c.195, s.34.

12 12 c. 195 MENTAL DISEASES Powers of medical officer 35 For the purposes of sections 33 and 34 every medical officer of the department aforesaid shall have and may exercise all the powers conferred upon a justice of the peace by this Act , c.75, s.35; R.S.S. 1930, c.195, s.35. VOLUNTARY PATIENTS Procedure for admission 36(1) The superintendent of the hospital may receive and detain therein as a patient any person suitable for care and treatment who voluntarily makes written application attested by a duly qualified medical practitioner (form J) and whose mental condition is such as to render him competent to make application. (2) The superintendent shall forthwith, on the admission of a patient to hospital under subsection (1), notify the minister of such admission and at the same time forward to him a copy of the application for admission , c.75, s.36; R.S.S. 1930, c.195, s.36. Period of detention 37 A person so received shall not be detained more than five days after having given notice in writing of his desire to leave the hospital , c.75, s.37; R.S.S. 1930, c.195, s.37. Clinical record 38 The superintendent shall within three days after the admission of the patient transmit to the minister the clinical records of the patient, and shall on the first day of each month transmit to the minister the names of all voluntary patients then remaining in the hospital , c.75, s.38; R.S.S. 1930, c.195, s.38. GENERAL PROVISIONS Temporary hospitals 39 The Lieutenant Governor in Council may from time to time authorise the temporary use of any building or buildings as a hospital for mentally diseased persons and the removal of patients thereto; and upon the issue of a proclamation to that effect such buildings shall for the time being be a hospital for mentally diseased persons and be used as such , c.75, s.39; R.S.S. 1930, c.195, s.39.

13 MENTAL DISEASES c Regulations governing hospitals 40 The Lieutenant Governor in Council may make rules and regulations for the management and internal economy of hospitals and for the conduct and government of the officers and employees and of the patients confined therein and for the discharge of the patients, including special rules and regulations with reference to those patients who are accused or convicted of crime , c.75, s.40; R.S.S. 1930, c.195, s.40. Post mortem examination 41 If any person dies while detained in the hospital the superintendent may, if he deems it advisable that a post mortem examination should take place, appoint the hospital pathologist or any other competent person to make such examination and certify the cause of death , c.75, s.41; R.S.S. 1930, c.195, s.41. SCHEDULE FORM A (Section 7) INFORMATION ON OATH Canada: Province of Saskatchewan. The information of of taken upon oath before me, the undersigned one of His Majesty s justices of the peace in and for the province of Saskatchewan, at this day of in the year of our Lord one thousand nine hundred and who saith that of within the space of last past, to wit, on the day of, at is suspected and believed by this deponent to be mentally diseased and dangerous to be at large; And deponent prays for the issue of a warrant to apprehend and an inquiry with reference to such alleged mental disease, according to the form of the statute in such cases made and provided. (Signature of informant.) Taken and sworn before me the day and year first and at the place above metioned. J.P.

14 14 c. 195 MENTAL DISEASES FORM B (Section 7) WARRANT TO APPREHEND Canada: Province of Saskatchewan. To all or any of the constables or peace officers in Saskatchewan: Whereas, information upon oath hath this day been laid before me the undersigned one of His Majesty s justices of the peace in and for the Province of Saskatchewan, that of is suspected and believed to be mentally diseased and dangerous to be at large: These are therefore to command you in His Majesty s name forthwith to apprehend the said and bring h before, one of His Majesty s justices of the peace in and for the said province, in order that inquiry may be made respecting the mental condition of the said and that may be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord, 19, at in the province aforesaid. [SEAL] J.P.

15 MENTAL DISEASES c FORM C (Sections 9 (1), 14 and 15) CERTIFICATE OF MEDICAL PRACTITIONER I, the undersigned (state full name and qualification or degree) a legally qualified medical practitioner, residing and practising at hereby certify that I, on the day of A.D. 19, at separately from any other medical practitioner personally examined (state name in full, residence and occupation) and after making due inquiry into all facts in connection with the case of the said necessary to be inquired into in order to enable me to form a satisfactory opinion, I certify that the said is mentally diseased and dangerous to be at large, and is a proper person to be confined in a hospital for mentally diseased persons and that I have formed this opinion upon the following grounds, namely: 1. Facts indicating mental disease observed by myself (state facts as to appearance, conduct and conversation); 2. Other facts (if any) indicating mental disease, communicated to me by others (state from whom information received): Signed this day of A.D. 19, at. Signed in the presence of: 1... Witnesses Signature of Examining Practitioner.

16 16 c. 195 MENTAL DISEASES FORM D (Section 9(2)) WARRANT OF COMMITTAL PENDING INQUIRY Canada: Province of Saskatchewan. To all or any of the constables or peace officers in Saskatchewan: Whereas on the day of last past information upon oath was laid before, one of His Majesty s justices of the peace in and for Saskatchewan, that is mentally diseased and dangerous to be at large; And whereas the hearing of the same is adjourned to the day of at o clock in the noon at and it is necessary that the said should in the meantime be kept in safe custody: There are therefore to command you or any of you the said constables or peace officers in His Majesty s name forthwith to convey the said to and there deliver h to the custody of together with this precept; and I (or we) hereby require you the said to receive the said into your custody and there safely keep h until the day, of when you are hereby required to convey and have the said at the time and place to which the said hearing is adjourned as aforesaid before such justice or justices as may then be there to make further inquiry respecting h mental condition to be further dealt with according to law. Given under hand and seal this day of in the year of our Lord 19, at. [SEAL] J.P.

17 MENTAL DISEASES c FORM E (Section 10) WARRANT OF COMMITTAL PENDING ORDER OF MINISTER OF PUBLIC WORKS Canada: Province of Saskatchewan. To or any of the constables or other peace officers in Saskatchewan and to the provincial police force at : Whereas information was laid before me (or as the case may be) a justice of the peace in and for the said province, on the oath of,that (as in the information) was mentally diseased; And whereas inquiry has been made by me respecting the mental condition of the said ; And whereas I have found and adjudged the said to be mentally diseased: These are therefore to command you or any of you to take the said and safely convey to and there deliver to the custody of together with this precept; and I do hereby require you the said to receive the said into your custody and there safely keep to await the order of the Minister of Public Works or until the said shall be discharged by law. Given under my hand and seal this day of in the year of our Lord 19, at, in the Province of Saskatchewan. [SEAL] HISTORICAL REFERENCE ONLY J.P.

18 18 c. 195 MENTAL DISEASES FORM F (Section 10) REPORT Canada: Province of Saskatchewan Sir, of alleged to be mentally diseased, having been brought here before me and inquiry having been made by me in the matter of h alleged mental disease, and having heard the evidence adduced, I find and adjudge the said to be mentally diseased and commit h to (name and address of custodian), to await the order of the Minister of Public Works, and I have the honour to submit for the consideration of the Minister of Public Works under the provisions of The Mental Diseases Act, the annexed report and the original information and evidence in the matter. Your obedient servant, [SEAL] J.P. The Minister of Public Works, Regina, Saskatchewan. REPORT The information here called for may be elicited by the justice of the peace from the witnesses at the inquiry and is intended to be supplementary to the evidence proving mental disease. The evidence of a legally qualified meglical practitioner must always be taken. 1. Date inquiry held: 2. Name in full of alleged mentally diseased person: 3. Age: years, months: 4. Has he any, and, if so, what property? (Land ) (Other property ) 5. Occupation, calling or profession: 6. Other means of support: 7. Religion: 8. Country where born:

19 MENTAL DISEASES c How long has alleged mentally diseased person been in Canada? 10. When did he arrive in Canada? 11. Where did he come from to Canada? 12. On what steamer or steamship line did he travel to Canada? 13. At what port of entry did he arrive? 14. Where did he come from to Saskatchewan? 15. Time he has resided in Saskatchewan: 16. If a Canadian, what province did he come from and where? 17. Place of residence during the six months previous to this inquiry? 18. Married, single or widowed: 19. If married, what is name of husband or wife? 20. What is husband s or wife s address? 21. How many persons are dependant upon h for support? 22. Number of children, if any: Male under 14 years and over 14 years. Female under 14 years and over 14 years. 23. Names and addresses of parents of alleged mentally diseased person: 24. Names, addresses and relationship of relatives most nearly related alleged mentally diseased person: 25. Names, addresses and relationship of other relatives of alleged mentally diseased person: 26. Names, addresses and relationship of relatives residing nearest to place of residence of alleged mentally diseased person: 27. Are the relatives of the alleged mentally diseased person financially able to bear the whole or any part of the cost of h maintenance in the hospital? 28. If so, names and addresses of such relatives: 29. If not able to pay board will they agree to pay for clothing worn by the patient during residence in hospital? 30. How much can each of them contribute? 31. How long has he been mentally diseased? 32. Duration of present attack? 33. Is it the first? 34. How first shown? 35. Supposed causes: (Here give any information that may aid the medical superintendent of the hospital in treatment of the case). 36. Has he any delusions and what are they?

20 20 c. 195 MENTAL DISEASES 37. Is he suicidal? 38. Is he dangerous to others? 39. Has he ever committed any offence? 40. Has he been convicted of the same? 41. Give particulars: 42. Is he subject to epilepsy? 43. Is he subject to paralysis? 44. Is he suffering from any infectious disease? 45. Has any other member of the family shown signs of mental disease? 46. Has he ever been in an asylum or hospital for mentally diseased persons or for the insane? 47. Was he ever mentally diseased before coming to Canada or did he ever show any symptoms? 48. If so, how long before coming to Canada? 49. lf so, when and where? 50. What have been habits as to temperance, industry and general conduct? 51. In what manner has he changed? 52. Has change been recent, gradual or sudden? 53. Has he been subject to bodily ailments? 54. Of what nature are they? 55. Degree of education: 56. Is he idiotic, imbecile or incurable? 57. Should he be sent back to former residence on recovery? 58. If so, at whose cost? 59. Date of present committal as a mentally diseased person: 60. Remarks: (Here give any other information which in the opinion of the J.P. should be brought to the notice of the Minister of Public Works or which may be of use to the medical superintendent of the hospital in the treatment of the case). Dated at this day of A. 19. A Justice of the Peace in and for the Province of Saskatchewan.

21 MENTAL DISEASES c FORM G (Section 17) CERTIFICATE OF JUDGE WHEN PERSON IS NOT FIT FOR A HOSPITAL FOR MENTAL DISEASES Canada: Province of Saskatchewan. I, the undersigned, a judge of the Court of King s Bench, do hereby certify: 1. That I have on this date personally examined ; 2. That I am satisfied the said is not mentally diseased (or the said though mentally diseased is not dangerous to be at large); and 3. That is not in my opinion a fit person to be confined in a hospital for mental diseases. Dated at this day of 19.. J.P.

22 22 c. 195 MENTAL DISEASES FORM H (Section 19(1)) WARRANT FOR REMOVAL TO HOSPITAL FOR MENTAL DISEASES Canada: Province of Saskatchewan. To or any of the constables or other peace officers in the said province and to the superintendent of the hospital for mental diseases at in the Province of Saskatchewan: Whereas, by The Mental Diseases Act, it is enacted that the Minister of Public Works may at any time by his warrant order the removal to the hospital for mental diseases of any person committed to safe custody under the provisions of the said Act, and that the said order shall be sufficient authority for the admission of such person to the hospital and for his detention therein until sufficiently recovered to be discharged; And whereas a mentally diseased person is now in the custody of (name and address of custodian) awaiting the order of the Minister of Public Works: Therefore I,, Minister of Public Works for Saskatchewan, in pursuance of the power and authority conferred upon me by the said Act do hereby direct you to take the said and safely convey to the hospital for mental diseases at in the Province of Saskatchewan and there to deliver to the superintendent thereof together with this precept and I do hereby authorise and require you the superintendent of the said hospital to receive the said into your custody in the said hospital there to detain as a mentally diseased person until the said is sufficiently recovered to be discharged. Given under my hand at Regina in the Province of Saskatchewan this day of in the year of our Lord 19. Minister of Public Works for Saskatchewan.

23 MENTAL DISEASES c FORM I (Section 23) WARRANT TO RETAKE PROBATIONARY PATIENT Canada: Province of Saskatchewan. To and all or any of the constables or peace officers in Saskatchewan: Whereas on the day of last past, being within six months of this date, a mentally diseased person confined in hospital was allowed by the medical superintendent of the said hospital to return on trial to the care of friends; And whereas it appears to me from the information received by me that the said has again become dangerous: These are therefore to command you or any of you the said constables or peace officers in His Majesty s name to retake the said and safely convey to the said hospital and deliver to the superintendent of the said hospital. Given under my hand this day of in the year of our Lord 19, at. Minister of Public Works for Saskatchewan.

24 24 c. 195 MENTAL DISEASES FORM J (Section 36) FORM OF APPLICATION FOR THE ADMISSION OF A VOLUNTARY PATIENT TO THE HOSPITAL FOR MENTAL DISEASES AT... I, (full name and address), being request the Superintendent of the Hospital for Mental Diseases at to admit me as a voluntary patient, and I hereby pledge myself to give at least five full days notice in writing to the said superintendent of my intention to leave the said hospital; and I further pledge myself to submit to the rules and regulations of the said hospital now in force or which may hereafter be enacted and to carry out or assist in carrying out all the directions which the said superintendent may give for my treatment, and also to conduct myself in such a manner as not to be guilty of any conduct prejudicial to the good order and discipline of the said hospital. Signed this day of A.D. 19, at in the presence of. I hereby testify that the above named is as stated in the above application a and that he is a reasonably hopeful subject for treatment with a view to effecting a cure of his malady. M.D. Dated at A.D. 19. Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER