The B.C. government is facing another major setback from the courts
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The latest ruling finds sections of the Mental Health Act that allowed for “involuntary care” for people with severe mental health and substance issues are unconstitutional
The Council of Canadians with Disabilities challenged B.C.’s approach to involuntary psychiatric treatment, arguing it violated charter rights
The B.C. Supreme Court agreed, ruling the Mental Health Act gave hospital directors what it called blanket power to impose psychiatric treatment
“Without first assessing do they have the capacity to discuss treatment? Do they have an opinion? Do they have experience?” Yvonne Peters with the Council of Canadians with Disabilities said
Justice Lauren Blake said sections of the Mental Health Act “perpetuates the stereotype that individuals suffering from a mental disorder lack capacity.”
The lawsuit did not challenge involuntary admission
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The province can still intervene when someone is in crisis
Lawyer Ravi Hira says what now has to change is what happens after admission and when treatment can be provided without consent
“With evidence from medical practitioners, to be apprehended and put into a treatment facility,” Hira, K.C. with Hira Rowan LLP, said
“We also have the ability to review that.”
This ruling comes as the Eby government expands involuntary care for people it says are stuck in a revolving door of hospitals, jails and the street
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Report finds gaps remain in safeguards designed to protect involuntary care patients
“Certainly people need treatment,” Peters said
“People need the help; we’re not suggesting anything’s wrong with that. But we want that system to be one that’s based on human rights.”
The ruling found that B.C. is the only province without key safeguards around consent and a patient’s capacity to make treatment decisions
“We were a standalone in the way we’ve been handling mental health care in B.C., and it’s a failure in my opinion that David Eby has left it to wait for the Supreme Court to make these changes,” Elenore Sturko, the independent MLA for Surrey-Cloverdale, said
The case was filed nearly a decade ago and the province unsuccessfully tried to have it thrown out
In a statement, the Attorney General’s office says it is reviewing the decision and will determine next steps once that review is complete
The province now has six months to amend the law before the court ruling takes effect
