The court hears arguments in case #28799, Russel Fleming v. Scott Starson a.k.a. Scott Jeffery Schutzman, on January 15, 2003.
Scott Jeffery Schutzman, who prefers the name Professor Starson, was an electrical engineer and salesperson for General Radio before he became increasingly mentally ill, resulting in his uttering of death threats against various people, among other symptoms. This resulted in professional problems and, eventually, criminal charges. Upon experiencing various negative side effects of psychiatric medications, Professor Starson applied to Ontario’s Consent and Capacity Board for a determination that he is capable under the Health Care Consent Act, and therefore has a right to refuse medication. The board denied his request, but the Ontario Superior Court of Justice overturned the board’s decision, a ruling upheld by the Ontario Court of Appeal. Dr. Russel Fleming, the chief psychiatrist at the hospital where Professor Starson resides, is appealing that decision to the Supreme Court of Canada.
Lawyer Marshall A. Swadron presents arguments on behalf of the Mental Health Legal Committee, et al., who are interveners in the case. Lawyer Leslie Mcintosh presents arguments on behalf of Russel Fleming.