Electroconvulsive Therapy and Brain Damage: The Ontario Supreme Court Hearing of the Evidence *

Abstract

The issue of whether electroconvulsive therapy (ECT) causes brain damage was examined by the Supreme Court of Ontario when an involuntarily hospitalized patient attempted to overturn a treatment order for ECT made by a review board. The Ontario Mental Health Act (MHA) specifically prohibits the authorization of psychosurgery by a review board. In this case, the patient argued that the board had exceeded its jurisdiction in authorizing ECT because ECT fell within the definition of psychosurgery in the Ontario MHA. This paper reviews the legal issues involved and summarizes the most substantive evidence presented for and against any causal association between ECT and demonstrable brain damage. The judicial decision upholding the treatment order is discussed.