Report as to Proposed Pilot Project on the Electronic Monitoring of Forensic Mental Health Patients

This report was undertaken in response to a request from the Nova Scotia government for assistance in identifying and analyzing legal issues related to the potential establishment of a pilot project. The project would involve the use of electronic monitoring (EM) of forensic mental health patients (patients) detained at the East Coast Forensic Hospital (ECFH) who are exercising indirectly supervised and unescorted community access (community access). The purpose of our analysis is not to determine if an EM policy or its application violates any laws. Rather, the purpose is to consider whether there are factors that may support legal challenges and ensure government is aware of their relevance to the potential implementation of the proposed pilot project. The relevance of these issues will need to be revisited as details of an EM policy, if any, are developed. We provide the following guidance based on the context of which we are aware. Our analysis does not constitute nor should it be construed as legal advice.