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The Case That Has Psychiatrists Running Scared: Ahmed v. Stefaniu

Mr. Glancy is a Student, Etobicoke School for the Arts, Toronto, Ontario, Canada. Dr. Glancy is Assistant Professor, Department of Psychiatry, University of Toronto, and Clinical Assistant Professor, McMaster University, Toronto, Ontario, Canada. Address correspondence to: Graham D. Glancy, MB, ChB, 302 The East Mall, Suite 400, Etobicoke, Ontario M9B 6C7, Canada. E-mail: graham.glancy{at}utoronto.ca

In the three decades since the definitive decisions regarding duty to warn and protect, several cases have shaped psychiatric practice. In this article we present a tragic case that we postulate may have a significant effect on psychiatric practice in Canada. A psychiatric patient murdered a relative some 50 days after the patient left the hospital. On the day before his release, the patient's status was changed from involuntary to voluntary. We argue that this case may result in a reversal of current mental health and social policy, whereby psychiatrists will be less willing to release difficult and potentially dangerous patients. To provide context to the case, we review some concepts of the literature and recent legal cases pertaining to the release of such patients.