Table of Contents

INTRODUCTION

PART I: OVERVIEW OF DISABILITY DISCRIMINATION

A. The Shift from Paternalism to a Human Rights Framework
B. The Criminalization of Persons Living with a Mental Disability: Institutionalization Revisited
    1. Lack of Community Support

PART II: PROFILE OF FEDERALLY SENTENCED WOMEN WITH MENTAL DISABILTITIES

A. A Brief Description of FSW Labelled with a Mental Disability

PART III: THE LEGAL FRAMEWORK

A. The Canadian Human Rights Act
B. The Equality Guarantee of the Canadian Charter of Rights and Freedoms

PART IV: FACTORS CONTRIBUTING TO THE DISCRIMINATION AGAINST FEDERALLY SENTENCED WOMEN WITH MENTAL DISABILITIES

A. Equating "Mental Disability" with Risk
B. The Impact of Maximum Security on FSW with Mental Disabilities
C. Impact of Minimum and Medium Security on FSW with Mental Disabilities
D. Role of the Regional Psychiatric Centre ("RPC") in Saskatoon
    1. The “Level System”
    2. Use of Seclusion
E. Quality of Mental Health Services for Federally Sentenced Women

PART V: RECOMMENDATIONS

A. Role of the Community in Supporting and Assisting FSW with Mental Disabilities
        Recommendation #1
        Recommendation #2
    1. The Right to Community Services
        a. International Developments
        b. State Developments
        c. Impact of These Developments on Canada
    2. Right to Quality of Service
B. Mental Disability and the Presumption of Risk
        Recommendation #3

PART VI: CONCLUSION

ENDNOTES