The Human Rights Tribunal of Ontario ruled on April 21, 2017 that the Peel police discriminated against Staff Sergeant BJ Sandhu when they failed to recommend him for promotion to the rank of Inspector.  The Tribunal found that Staff Sergeant Sandhu is a decorated officer whose excellent policing skills, combined with his cultural and linguistic […]

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Mercedes Perez was interviewed by the Lawyered podcast on three recent and important developments in mental health law:  a constitutional challenge to Ontario’s community treatment order regime;  the Charter jurisdiction of the Ontario Review Board; and long-term psychiatric detention under Ontario’s Mental Health Act following the Court of Appeal’s decision in P.S. v. Ontario. Lawyered […]

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  Kelley Bryan, along with Karen Spector representing the intervener ARCH, appeared in the Court of Appeal on March 24, 2017 to argue that individuals in the civil mental health system should be able to assert Charter rights before the Consent and Capacity Board.  Currently, if a person’s Charter rights are violated while in psychiatric […]

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Kelley’s client, Kofi Patrong, successfully defeated an appeal by the Toronto police, affirming his right to sue the police over a gang-related shooting that left him with a permanent disability.  Mr. Patrong was a teenager standing in his back yard when he was shot by a prominent gangster in Malvern, Scarborough.  At the time, he […]

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Mercedes successfully represented the appellant in an appeal from a decision of the Ontario Review Board.  The Board had downgraded the appellant’s conditional discharge to a detention order.  On appeal, the Court of Appeal for Ontario agreed that the Board’s decision was unreasonable and restored the appellant’s conditional discharge.  Read the Court of Appeal’s decision […]

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Mercedes successfully represented the parents of a six year older boy on life support at the Hospital for Sick Children.  The hospital sought to remove the boy from a life support system called ECMO, a decision his parents opposed.  The Consent and Capacity Board agreed with Mercedes that the parents were making treatment decisions in […]

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Mercedes Perez was co-counsel to the interveners Mental Health Legal Committee and the HIV & AIDS Legal Clinic in a successful judicial review application in Divisional Court.  The case determined that a transgendered person who initiated a complaint against a doctor to the College of Physicians and Surgeons of Ontario was not thereafter prevented from […]

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Along with Suzan Fraser of Fraser Advocacy, Kelley represented the Mental Health Legal Committee in an intervention before the Court of Appeal for Ontario. The case addressed, in part, the duty of fairness owed by the Ontario Review Board to accused persons. In particular, the Court accepted that the Board should disclose to an NCR accused […]

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Kelley successfully represented a shooting victim in obtaining his right to sue the Toronto police.  Her client, an innocent teen victim of a gang-related drive-by shooting, claimed that front-line police officers could have prevented the shooting if they had followed senior officers’ orders to arrest the shooter.  At the time, he claims,the shooter was a known […]

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