Charter challenge to B.C.’s Mental Health Act being heard in court
A Charter challenge to B.C.’s Mental Health Act is currently underway in B.C. Supreme Court, focusing on a provision that groups argue denies patients the ability to consent to treatment. This challenge was initially filed in 2016 by the Council of Canadians with Disabilities and other plaintiffs. The provision in question is the “deemed consent” provision, which states that anyone under involuntary status under the law is presumed to have agreed to psychiatric treatment.
The first day of the hearing took place on Thursday, with expectations that it will continue for several weeks. Supporters of the challenge assert that the deemed consent provision removes essential safeguards that ensure patients are treated humanely and violates the Charter’s rights to life, liberty, and security for all individuals. They argue that B.C.’s unique deemed consent provision deprives patients of the right to control what is done to their own bodies, potentially including electroconvulsive treatment or medication provision.
Yvonne Peters, co-chair of the Council of Canadians with Disabilities’ disability justice litigation initiative, emphasized the importance of bringing the legislation into compliance with the Charter of Rights and Freedoms. The challenge has garnered support from various groups, including the Canadian Mental Health Association’s B.C. division (CMHA-BC). Jonny Morris, CEO of CMHA-BC, highlighted the significance of removing the deemed consent provision to provide individuals with dignity and more control over their care.
Morris suggested that involving loved ones, family members, and other trusted individuals in decision-making regarding involuntary mental health care is crucial. He proposed that evidence-based safeguards should replace the deemed consent provision to ensure individuals have a say in their treatment when capable of making decisions. Celeste Macevicius, a Victoria resident who was previously committed to care under the Mental Health Act, shared her perspective on the devastating impact of losing dignity, autonomy, and agency under the current legislation.
In response to a recent tragedy involving a man under mental health supervision, B.C. Premier David Eby announced a review of the Mental Health Act. Health Minister Josie Osborne and her team will lead the review, with Dr. Daniel Vigo, B.C.’s chief scientific adviser for psychiatry, toxic drugs, and concurrent disorders, participating in the process. Claire Rattée, the B.C. Conservative critic for mental health and addictions, criticized the deemed consent provision, calling for a collaborative approach to care and highlighting the need for better support for individuals with mental health and addiction challenges.
As the review of the Mental Health Act progresses, stakeholders are hopeful for meaningful changes that prioritize patient autonomy, dignity, and involvement of loved ones in decision-making processes. The outcome of the Charter challenge and subsequent legislative review could have significant implications for mental health care in B.C. and potentially set a precedent for other jurisdictions in Canada and worldwide.
