Mental Health Rights in Saskatchewan
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
All 13 provinces and territories have their own mental health legislation. Involuntary commitment (also called certification) requires that:
- A mental disorder is present
- There is a risk of serious harm to the person or others
- The person cannot be assessed or treated voluntarily
Hold durations vary by province. In Ontario, an initial 72-hour assessment can lead to formal certification. In BC, the initial hold is 48 hours.
There is a critical difference between provinces on treatment consent: in Ontario, a capable patient can refuse treatment even while involuntarily detained. In BC, the facility director can override a patient's refusal.
Patients who are involuntarily committed have the right to a lawyer, a review board hearing, and periodic reviews of their status. Some provinces also allow Community Treatment Orders for supervised treatment outside the hospital.
When does it apply?
- Anyone subject to involuntary psychiatric assessment or admission in Canada.
- Anyone receiving mental health treatment, whether voluntary or involuntary.
What to Do If You Are Involuntarily Committed to a Psychiatric Facility in Canada
- Know your rights — you must be informed of them upon involuntary admission.
- Contact a lawyer or legal aid immediately if you are involuntarily committed.
- Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.
- Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.
- Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What should you NOT do?
- Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.
- Don't miss the review board deadline — filing quickly is important to challenge your detention.
- Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.
- Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
How Saskatchewan differs from federal law
Mental health rights in Saskatchewan are governed by The Mental Health Services Act, SS 1984-85-86, c. M-13.1, which sets out the rules for voluntary and involuntary psychiatric treatment and protects patients' rights.
- You can voluntarily seek mental health treatment at any time. Voluntary patients can leave a facility whenever they choose.
- Involuntary committal requires a physician to certify that you have a mental disorder and there is a risk of imminent danger to yourself or others, or that you are unable to care for yourself. Two medical examinations are generally required.
- If you are involuntarily committed, you have the right to: be informed of your rights, contact a lawyer, have the committal reviewed, and apply to the Review Panel (an independent body that reviews involuntary admissions).
- The Review Panel under the Act provides an independent review of involuntary committals. You can request a hearing at any time.
- Saskatchewan's community mental health services are delivered through the Saskatchewan Health Authority's mental health and addictions programs across the province.
Additional Steps in Saskatchewan
For a mental health crisis, call the Saskatchewan Crisis Line at 306-525-5333 or 1-306-757-0127 (24/7), or call 988 (Canada's national suicide crisis helpline). If you or someone you know has been involuntarily committed, contact the Review Panel through the facility or Legal Aid Saskatchewan at 1-800-667-3764. For ongoing mental health support, contact the SHA's mental health and addictions intake line or the Canadian Mental Health Association — Saskatchewan Division at cmhask.com.
Relevant Law: The Mental Health Services Act, SS 1984-85-86, c. M-13.1; The Health Information Protection Act, SS 1999, c. H-0.021
Common Questions
When does mental health rights apply?
Anyone subject to involuntary psychiatric assessment or admission in Canada.Anyone receiving mental health treatment, whether voluntary or involuntary.
What should I do if I or a family member in Canada is being held in a psychiatric facility against their will?
Know your rights — you must be informed of them upon involuntary admission.Contact a lawyer or legal aid immediately if you are involuntarily committed.Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What mistakes should I avoid with mental health rights?
Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.Don't miss the review board deadline — filing quickly is important to challenge your detention.Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
Mental Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.