B.C. human rights commissioner finds guardianship detentions of vulnerable adults discriminatory
B.C.’s Human Rights Commissioner Kasari Govender has uncovered evidence of “systemic discrimination” in how health authorities detain vulnerable adults at risk of harm. The Adult Guardianship Act (AGA) allows for the detention of adults who are abused, neglected, or facing self-neglect and are unable to provide consent for care in hospitals or care facilities. However, a recent 134-page report revealed that seniors, disabled individuals, and unhoused individuals are disproportionately detained under this act.
According to Govender, these detentions often lack transparency, oversight, and legal authority. She emphasized that many vulnerable adults are being detained through a process that lacks proper oversight and denies them their rights to a fair process. Between 2018 and September 2023, health authorities detained 300 individuals under the AGA, with the shortest detention lasting six days and the longest lasting 212 days. Shockingly, 94% of those detained had disabilities, and 70% were seniors.
In response to the findings, Govender has put forth 10 recommendations for the B.C. Ministry of Attorney General, the Ministry of Health, and health authorities. These recommendations include providing detained individuals with written reasons for their detention, ensuring legal representation for each detained person, establishing an independent process for challenging detentions, and amending the AGA to clarify the legality of detentions in emergency situations.
The report also highlighted the significant toll that these detentions take on individuals. An example shared in the report involved a woman named Rose who fought to release her husband from detention after he was taken to a long-term care facility following a fall. Despite her efforts, she was kept in the dark about his whereabouts for three months before finally locating him and reuniting with him.
B.C. Attorney General Niki Sharma has acknowledged the need for legislative changes in response to the report. While she has committed to addressing all of Govender’s recommendations, she has not specified the exact actions that will be taken in the legislature. Sharma emphasized the importance of updating the legislation to strengthen protections for vulnerable adults.
Erika Cedillo, director of public policy at Inclusion BC, expressed hope that the recommended changes would prioritize accessibility of information for individuals with disabilities and improve accountability in the detention process. She stressed the need for strong oversight to prevent the abuse of powers when limiting the rights of individuals.
Overall, the report sheds light on the violations of human rights in involuntary detentions under the AGA and calls for urgent legislative action to address these issues and protect the rights of vulnerable adults.
