This is page numbers 779 - 808 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

The Chair

The Chair Tony Whitford

Mr. Flynn.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

Flynn

Thank you, Mr. Chairman. It is a good question. Currently in the act, there are several fall-back provisions which safeguard the patient's information and impose duties on the substitute consent giver who is appointed solely for record purposes. If this person wants to be exempt from liability under the act, there is a provision in section 59 which requires that person to act in good faith.

There is also a safeguard in the fact that the records are in the care and custody of the person in charge of the hospital. That person has discretion as to whether they are to be released, and that is indicated in section 48(3) of the act. If these records are released to a person who acts in less than good faith, the damage can be controlled by section 48(2), where it is clear that "no person shall disclose or transmit or examine a patient's health records, other than provided in the act." So, if a "bad" substitute consent giver acted improperly, he is punishable under the act for doing so. Thank you.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

The Chair

The Chair Tony Whitford

Thank you, Mr. Flynn. Mr. Koe.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

The other issue raised by the committee is the need and rationale for a broadening of access to health records by health care workers outside the hospital. In the committee's comments it says, "it seemed inconsistent that this bill strengthen the right of patients to refuse treatment, while removing their ability to refuse the disclosure of their health records." Again, just for the record, has this been looked at or have you any comments on this observation made by the committee?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

The Chair

The Chair Tony Whitford

Thank you, Mr. Koe. Madam Minister.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

Rebecca Mike Baffin Central

I will let Mr. Flynn respond to that, Mr. Chairman.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

The Chair

The Chair Tony Whitford

Thank you. Mr. Flynn.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 804

Flynn

Thank you, Mr. Chairman. As I understand the committee's concern, it is that doctors and nurses in the community would be given access to a patient's records without their consent. This issue has been contrasted with the different treatment afforded to the individual to refuse treatment under the act. That decision has more significant constitutional status than a patient's confidentiality of his records, which has not yet received recognition as a constitutional right. That being the case, the statute is not contravening a right other

than the common law one afforded to a patient in respect to confidentiality of information. That is not an absolute right, statutes can vary that right. They are doing so in this instance for the benefit of the patient to ensure that he gets better care on the basis of the information contained in his records. Thank you.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you, Mr. Flynn. General comments. Mr. Koe.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Is the Minister satisfied that the bill we are amending adequately covers the issues and concerns raised by the committee?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you, Mr. Koe. Madam Minister.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

Rebecca Mike Baffin Central

Thank you, Mr. Chairman. Yes.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you, Madam Minister. Any further comments? Mr. Ningark.

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Ningark Natilikmiot

Thank you, Mr. Chairman. As I stated earlier, I have no problem with this particular bill because according to my humble understanding, the act is subject to an appeal if the act is deemed to be contradictory to a person's rights. Thank you.

Clause By Clause

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Ningark. Any further general comments? We will return to clause 5. Agreed?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you. Clause 6. Agreed?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

Some Hon. Members

Agreed.

---Agreed

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you. Clause 7. Agreed?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

Some Hon. Members

Agreed.

---Agreed

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you. Clause 8. Agreed?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

Some Hon. Members

Agreed.

---Agreed

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you. Clause 9. Agreed?

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

Some Hon. Members

Agreed.

---Agreed

Bill 12: An Act To Amend The Mental Health Act, Introductory Remarks
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 805

The Chair

The Chair Tony Whitford

Thank you. Clause 10. Agreed?