ABSTRACT
Reflecting an international trend, the use of involuntary admission and treatment in psychiatry has been steadily increasing for over a decade in the provinces of Ontario and Quebec. This situation has been exacerbated during the COVID-19 pandemic. An analysis of case law, scientific and grey literature, and official documents from both provinces suggests that the interpretation of mental-health provisions has changed substantially during the pandemic, extending the boundaries of admission and involuntary treatment. While these measures are exceptional and aim to protect persons with serious mental illness, courts have repeatedly accepted the argument that they must be used to protect against exposure to and transmission of COVID-19. However, because psychiatric hospitals have been poorly prepared to deal with infection management, many outbreaks have occurred in those settings, and patients have often been isolated for weeks or even months. Two findings are discussed in this chapter: (1) the use of coercive psychiatry during the COVID-19 pandemic reveals systemic adverse treatment against most marginalized people and (2) the use of coercive psychiatry for control and surveillance purposes.
