My Legal Case Against the CTO: Community Treatment Order:

i.e., Forced Psychiatric Drugging of "Out-Patients/Ex-Patients"

The CTO violates my constitutionally protected rights to life, liberty, security (section 7); freedom of thought, conscience (belief-system), and expression (section 2); right not to be subjected to torture: cruel and unusual (ex. inhuman(e)), degrading or dehumanizing treatment and/or punishment (section 12); right to equal recognition before the law and equal protection under the law (section 15); right to the due process of law (substantive, procedural); right not to be subjected to arbitrary arrest and detention, etc.

The United Nation’s (UN’s)

Universal Declaration of Human Rights (UDHR)

Grants all citizens of the world the following rights which the CTO deprives me of:

• Right to Life, Liberty, and Security of the Person

• No one shall be subjected to torture or to cruel, inhuman or degrading treatment of punishment

• Everybody has the right to the freedom of thought

• Everybody has the right to freedom of opinion and expression

Jim Gottstein’s lecture on YouTube titled**:**

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“A Human Rights Lawyer’s Perspective on the Mental Health System”

Source [2]. https://www.youtube.com/watch?v=a4Fb0F2RrEo

• Neuroleptics cause massive amounts of harm

• Neuroleptics are substantially responsible for cutting life span by over 25 years

• Neuroleptics are substantially responsible to cutting the recovery rate at least in half

• Neuroleptics are substantially the cause of the 6-fold increase in mental illness disability rate

• Neuroleptics are hugely and unnecessarily expensive to the government

• Neuroleptics inflict tremendous unnecessary human toll

• Neuroleptics are life ruining social death penalty

• Neuroleptics are intolerable and ineffective treatment

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Principles that must govern the interpretation of law in this area:

• First do no harm to the person

• Second do good for the person

• Respect the freedom of choice and the right to self-determination

• Respect the person’s autonomy and authority over his own being

• Freedom from force, fraud, violence, exploitation, and abuse

• No institutionalized discrimination or harassment

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Beneficence, Parens Patriae, & Police Power

Source [3]. https://www.counseling.org/docs/ethics/practitioners_guide.pdf

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Kitchener’s Moral Principles:

• Autonomy – Respect freedom of clients to make their own decisions and choices. Do not restrict choices and take away options

• Non-maleficence – Not harming the client neither intentionally nor actively

• Beneficence – Promoting good health & wellness in the client

• Justice – Treating people fairly and with respect

• Fidelity – Loyal towards clients, honouring commitments & obligations

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Four Dimensions of Ethical Principles:

· Possessing adequate knowledge, skills, and judgment to produce effective interventions

· Respecting the dignity, freedom, and rights of the client

· Using power inherent in the councillor’s role judiciously & responsibly

· Conducting oneself in such a way that promotes the public’s confidence in the profession

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Jim Gottstein - Human Rights Lawyer (Mental Health Law)

Source [4]: psychrights.org/Education/PsychOut2011/PsychOut2011IllegalPsychiatry.pdf

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The Illegality of Forced Drugging[4]

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Psychiatric Imprisonment and Forced Treatment are Illegal in Practice:

• Violations of Procedural Due Process

• Violations of Substantive Due Process

• Violations of Right to Effective Counsel

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Procedural Due Process:

• Meaningful notice

• Meaningful opportunity to be heard (and have a neutral decision maker)

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Substantive Due Process:

• State action furthers a compelling state interest

• State action is the least restrictive or intrusive alternative

Involuntary commitment and medication are deprivations of fundamental rights to liberty and security, and in the case of neuroleptics, the right to life is also engaged because it is demonstrable that neuroleptics cause a 25-year earlier death compared to the general population - thus, state action imposes a heightened risk of death! Therefore, my right to my life under Section 7 of the Canadian Charter of Rights and Freedoms is engaged: (rights to both my actual present life and my potential future life).

Sources of Forced Drugging Authority

• Parens Patriae = We are from the government and here to help

• Police Power = Protection from harm (self or others)

When Non--Emergency Forced Drugging is Constitutionally Permissible

Court must conclude the following**:**

• Important governmental interests are at stake.

• Will significantly further those state interests substantially unlikely to have side effects that will interfere significantly (with achieving state interests),

• Necessary to further those interests. The court must find that any alternative, less intrusive treatments are unlikely to achieve substantially the same results,

• Medically appropriate, i.e., in the patient's best medical interest in light of his medical condition. The specific kinds of drugs at issue may matter of his medical condition. Different kinds of antipsychotic drugs may produce different side effects and enjoy different levels of success.

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The Illegality of Police Power Forced Drugging

The State Must Prove**:**

• The treatment is in the person's best interests

• No less restrictive or intrusive alternative is available

• If alternative to drugging is feasible, must be provided and the person let go

• Failure to provide evidence sufficiently in advance is a due process violation

• Petition must include detailed best interests’ allegations

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Testimonial Dishonesty (Perjury)

Psychiatrists (as expert witnesses) show a high propensity to purposefully distort their testimony in order to achieve desired ends.

- Dishonest testimony is often regularly and unthinkingly accepted.

- Statutory and case law standards are frequently subverted

- Insurmountable barriers are raised to ensure that the allegedly "therapeutically correct" social end is met.

The mental health system often deprives individuals of liberty disingenuously and upon cases that have no relationship to the law[5].

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In-Text Cited Sources of Reference:

· Source [1]. Mental Health Daily**:** Antipsychotics and Brain Damage: Shrinkage & Volume Loss***:***

o https://mentalhealthdaily.com/2015/07/03/antipsychotics-and-brain-damage-shrinkag HYPERLINK "https://mentalhealthdaily.com/2015/07/03/antipsychotics-and-brain-damage-shrinkage-volume-loss/"e-volume-loss/

· Source [2]: https://www.youtube.com/watch?v=a4Fb0F2RrEo

o Jim Gottstein’s lecture on YouTube titled**:**

*“A Human Rights Lawyer’s Perspective on the Mental Health System.***”

· Source [3]. https://www.counseling.org/docs/ethics/practitioners_guide.pdf

o Beneficence, Parens Patriae, and Police Power – The Ethics of the Psychiatric Profession

· Source [4]: psychrights.org/Education/PsychOut2011/PsychOut2011IllegalPsychiatry.pdf

· Source [5]: The Law Project for Psychiatric Rights – Psychiatry: Force of Law: http://psychrights.org/force_of_law.htm

To arrive at his conclusiona about psychiatry, it seems that psychiatrist Thomas Szasz relied significantly on epistemological logic, the critical analysis of language, and critically analyzing a complete history of psychiatry. Szasz is against psychiatric coercion.