Overall Theme of the Research Paper: How do Canadian laws and policies address the mental health needs of incarcerated individuals, and what reforms are necessary to align with constitutional rights and human rights standards?
Notes:
– You can adjust the outline as you do your research. It is not a fixed outline, but you do need to have case law included.
– Look at RUBRIC ATTACHED
– Look at the paper examples as reference to see the structure, writing style, references, layout, etc. Make it similar. (ATTACHED)
– Make sure to include footnotes using the McGill guide.
– Use real cases, not AI generated cases.
Outline
Title: The Duty of Care: Legal and Policy Challenges in Addressing Mental Health Needs in Canadian Corrections
Introduction (1/2 – 2/3 of a page)
1. Context and Significance
a. Briefly outline the prevalence of mental health issues in Canadian correctional facilities.
b. Highlight the systemic challenges and the intersection with human rights law.
2. Thesis Statement
c. While Canadian law recognizes a duty to provide mental health care to incarcerated individuals, gaps in implementation violate constitutional rights, disproportionately harm vulnerable populations, and require significant legal and policy reform.
3. Overview of Structure
d. Summarize the sections of the paper.
II. Background and Context (2ish pages)
1. Prevalence of Mental Health Issues in Corrections
• Statistics on mental health conditions among incarcerated individuals.
• Intersection with trauma, substance use, and systemic inequities.
2. Historical Overview
• How the criminalization of mental illness has led to overrepresentation in corrections.
• Indigenous and racialized populations as disproportionately affected groups.
III. Legal Framework
1. Constitutional Rights
a. Section 7 of the Charter of Rights and Freedoms: Analyze how inadequate mental health care violates the right to life, liberty, and security of the person.
b. Section 12 of the Charter: Discuss cases where lack of care constitutes cruel and unusual punishment.
2. Corrections and Conditional Release Act (CCRA)
c. Duty to provide essential health care under federal law.
d. Analysis of whether the CCRA standards are being met.
4. Provincial Mental Health Acts
e. Explore how provincial legislation intersects with correctional mental health policies.
5. International Standards
f. UN Nelson Mandela Rules and Canada’s compliance with international human rights treaties.
IV. Key Legal Cases
1. Ewert v. Canada (2018 SCC 30)
• Discuss systemic discrimination against Indigenous inmates and the need for culturally appropriate care.
2. BC Civil Liberties Association v. Canada (2019 BCSC 228)
• Analyze the ruling on solitary confinement and its implications for mental health.
3. R v. Sharma (2022 SCC 39)
• Explore how sentencing considers systemic factors, including mental health.
4. Other Relevant Cases
• Highlight cases that involve challenges to access or quality of mental health care.
V. Systemic Challenges
· Access to Mental Health Care
• Staffing shortages, funding gaps, and inequities in service delivery.
· Impact of Solitary Confinement
• Psychological effects and legal challenges related to its use.
· Indigenous and Racialized Inmates
• Unique barriers faced due to systemic racism and lack of culturally safe care.
VI. Policy Innovations and Reform Proposals
· Culturally Safe and Trauma-Informed Care
• Recommendations for incorporating traditional healing practices for Indigenous inmates.
· Expansion of Diversion Programs
• Role of mental health courts and community-based alternatives.
· Improved Legal Oversight
• Propose amendments to the CCRA and provincial legislation to ensure accountability.
· Funding and Resource Allocation
• Advocate for increased funding for correctional mental health services.
VII. Case Studies and Real-Life Impacts
· Success Stories
• Highlight programs or facilities where mental health care has been effectively integrated.
· Failures and Tragic Outcomes
• Discuss cases where the lack of adequate care led to severe consequences.
VIII. Conclusion (1/2 – 2/3 of a page )
· Restate Thesis
• Reiterate the need for legal and policy reforms to address mental health care in corrections.
· Key Takeaways
• Summarize the most critical points of the analysis.
· Call to Action
• Emphasize the urgency of reform to uphold constitutional and human rights.
IX. References (in McGill Citation) https://trulibrarymcgill.wordpress.com/footnotesrules/
Include statutes, case law, academic articles, advocacy reports, and international treaties.
Have Footnote citation through the paper. Make sure to follow McGill Guide.