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Landmark Decision Released: Ontario Government and Psychiatrists are Liable for Unethical Experimental Programs Involving Mentally Ill Patients

of the Ontario Superior Court of Justice released his judgment in a civil lawsuit brought by 28 former patients of the Oak Ridge Division of the Penetanguishene Mental Health Centre against the government of Ontario and two psychiatrists, Dr. Elliott T. Barker and Dr. Gary J. Maier, for subjecting patients to coercive, unethical and degrading human experimentation, without their informed consent from 1966 to 1983.

In a 310-page decision delivered after 53 days of trial evidence and submissions, Justice Morgan held that Ontario and the psychiatrists involved in operating the experimental programs breached their fiduciary duties and committed assault and battery by subjecting these patients to unethical and medically meritless programs.