March 15, 1907. The Legislative Assembly of Alberta passes "An Act respecting Insane Persons". The purpose of the act is to outline how persons deemed "insane and dangerous to the community" were to be managed. The statute details the legal procedures for assessing individuals thought to be insane; how such individuals were to handled; and the financial management of those processes.
Under this act, a Justice of the peace would decide whether someone was insane and a danger to the community by considering various kinds of evidence (§1-3). If the Justice found an individual to be insane, then that individual would have to be placed in the care of either a guardian, a goal (community home) or an asylum. If not found insane, then the individual had to be released from custody (§4-12). There was a exception in the act for "Treaty Indians": such persons could not be placed in an asylum unless approval was given by the then Minster of Indian Affairs (§20).
The statute outlined how the finances associated with processing and managing individuals were to be handled, this included things such as transportation costs, medical examinations, custodial costs, property holdings, etc. (§13-22).
Once people were in an asylum, they could be temporarily taken out if friends or relatives agreed, with approval for the asylum's superintendent, to look after them (§24).
The statute retroactively covered individuals from civic or legal action if they were involved in carrying out parts of the statute (§27). Moreover, the Lieutenant Governor of Alberta was given authority to appoint building(s) as lodgings for persons covered under the statute; along with making or amending new regulations for the statute were relevant to its application (§28). The statute also included a number forms for processing individuals covered under the act (83-87).
In terms of impact, the insane act was watershed in that it was the first legislation that specifically addressed and dealt with mental health in Alberta. Similar legislation had been passed in Ontario several years prior.
-Luke Kersten
Province of Alberta. (1907). An Act respecting Insane Persons. Statutes of the Province of Alberta. Retrieved from http://www.ourfutureourpast.ca/law.