The Federal Government: Responsibility for Mental Health
There is a limitation in the policy initiatives and programs on a federal level as mental health is a complex issue involving the overlapping of federal, provincial, and territorial jurisdiction.
The provinces have increased jurisdiction over healthcare delivery and can make their own decisions and rules regarding mental health services, and the Federal Government's role in mental health matters is restricted.
- In Canada, there are ten provinces and three territories responsible for their own health laws and services, all mental health acts share core similarities despite some differences.
- All provinces are bound by federal regulations such as the Canada Health Act for certain aspects of the publicly-funded healthcare system.
- These mental health acts are primarily based on common law, except in Quebec where it follows the civil code, and generally favors voluntary admission for mental health treatment.
Federalism and its Impact on Mental Health Services
Federalism affects the allocation of resources and funding for mental health services across different provinces and territories.
The question is ‘How does the Federal Government play a role in mental health for Canadian citizens, despite the fact that healthcare is primarily a provincial responsibility?’
Division of Power in regards to Mental Health:
- The Constitution Act 1867 under section 91 and section 92 displays that the legislative authority of the health services is given both to the federal government and the provinces.
- However, the provinces and territories have primary authority over the delivery of health services, including mental health. The division of power results in a Federal-Provincial conflict when policymakers on different levels of government disagree on certain mental health policies and the federal government has little or no control over the initiatives.
Provinces have authority over:
- ‘Establishing, maintenance, and management of hospitals’
- ‘Property and civil rights in the provinces’
- ‘Matters of a merely local or private nature in the province’
These authorities allow the provinces and territories to take full control of their deliveries of mental health services and programs.
The federal government has authority over funding:
- ‘Public debt and property’
- ‘Raising of money by any system of taxation’