Courts of Saskatchewan

Applying For Warrant: MENTAL HEALTH

Provincial Court

Families and friends should encourage their loved one to obtain mental health treatment voluntarily.

However, in some cases, people experiencing serious mental health crises are not able to make informed decisions about their treatment due to their mental state. Without treatment, these individuals may be likely to cause harm to themselves or others or suffer substantial mental or physical deterioration. The Mental Health Services Act has specific provisions for ensuring these individuals receive the treatment they need, while respecting their legal rights.

This page provides an overview of involuntary admissions under The Mental Health Services Act and sets out the procedure for bringing an application for a Warrant of Apprehension to a Provincial Court judge, if appropriate.

If a person cannot be persuaded to seek treatment voluntarily, they may be admitted to a mental health centre as an involuntary patient by a doctor. Under section 24(2) of The Mental Health Services Act the doctor must complete a medical examination on the person and have reasonable grounds to believe that:

1. the person is suffering from a mental disorder and is in need of treatment or care and supervision that can only be provided in a mental health centre;
2.  the person is unable to fully understand and make an informed decision regarding their need for treatment or care and supervision; and
3. as a result of the mental disorder, the person is likely to cause harm to themselves or others, or to suffer substantial mental or physical deterioration.

It is always best for a person to seek treatment voluntarily. There are documents and resources that may be helpful in encouraging voluntary treatment here.

If a person in need of treatment refuses to submit to a psychiatric examination, they can be seen and assessed by a doctor, who may then be able to order their involuntary admission to a mental health centre.

There are three ways to get a person to a doctor for examination:

A family member or any other person (e.g., friend, care home operator) with sufficient knowledge of the situation may apply to a Provincial Court judge to have a person apprehended and taken to a mental health centre for psychiatric examination. The person making the application must reasonably believe that the person for whom they are seeking a warrant:

• refuses to submit to a medical examination and;
• needs to be examined by a doctor to determine if they should be involuntarily admitted to a mental health centre

The applicant will need to explain those reasons to a judge.

1. Complete the following application: APPLICATION FOR WARRANT: MENTAL HEALTH 
   
2. Contact the Provincial Court office closest to where the applicant resides for directions on setting a date and time for a judge to hear the application.
3. When the applicant/informant appears before the judge, they will be asked to swear or affirm an Information certifying that the following statement is true:“The informant says that (name and place of residence) refuses to submit to a medical examination and the informant has reasonable grounds to believe and does believe that (name) is suffering from a mental disorder and is in need of examination to determine whether he/she should be admitted to a mental health centre pursuant to section 24 of The Mental Health Services Act.”

   It is an offence under the Act to falsely swear or affirm an Information.

4. If the Judge decides to grant the application, the judge will issue a Warrant to Apprehend and make arrangements with a police officer to apprehend the person and take them to a mental health centre for a psychiatric assessment. In appropriate circumstances, the judge can authorize a person other than a police officer (e.g., family member or friend) to carry out the warrant and take the person to a mental health centre for the psychiatric assessment.
5. The information in the application, including the applicant’s identity and testimony, may be provided to the subject of the warrant and to the doctor who examines that person.
6. A doctor will perform a psychiatric assessment to determine if the person meets the admission criteria for an involuntary admission. If admitted, the person can be detained at the mental health centre for up to 21 days, or such further periods as may be authorized under  The Mental Health Services Act .