Patients can access legal help to challenge involuntary admission, treatment
The British Columbia government has announced that individuals undergoing a mental health crisis have a legal right to communicate with an independent rights adviser, now that amendments to BC’s Mental Health Act, 1996, have entered into force.
The Mental Health Act permits the relevant authorities to involuntarily detain, admit, and treat or care for those with severe mental health disorders at designated mental health facilities to prevent their substantial mental or physical deterioration, protect them from themselves, or protect others.
According to the provincial government’s news release, the amendments require informing eligible patients regarding their new right to meet with a rights adviser. They also ask facilities that furnish involuntary treatment to help patients see a rights adviser upon request.
In 2022, the BC government introduced the amendments, which seek to respond to recommendations from BC’s Office of the Ombudsperson and the Representative for Children and Youth.
About rights advisers
Under the Independent Rights Advice Service, a rights adviser aims to help eligible patients involuntarily admitted under the Mental Health Act, including those from vulnerable populations:
- better understand and exercise their legal rights, such as those under the Canadian Charter of Rights and Freedoms
- know the available supports
- have improved access to justice
“Everyone deserves to be able to understand and access their basic rights, no matter the situation they are in,” said Niki Sharma, BC attorney general, in the news release. “This free, independent service strengthens access to justice, ensuring that people admitted into involuntary care have the ability to understand what is happening and are treated with dignity and fairness.”
Rights advisers specifically receive training to:
- explain rights under the Mental Health Act
- clarify the process before the Mental Health Review Board
- help patients interested in obtaining second medical opinions
- give information regarding legal aid eligibility and legal support to challenge involuntary detention and treatment
“Our priority is making sure people get the help they need in a way that honours their rights and their dignity,” said Josie Osborne, BC health minister, in the news release.
The training received by rights advisers covers areas like:
- the lived experience of individuals in involuntary treatment
- anti-racism advocacy
- cultural safety and humility
- trauma-informed practice
- considerations in delivering services for children and youth, 2SLGBTQlA+ and/or gender-diverse people, Indigenous people, racialized people, and people with cognitive disabilities
“Many rights advisers have lived experience and know how impactful it can be to have a sense of confidence and security during an experience that can be full of uncertainty,” said Sophia Ciavarella, provincial manager of the Independent Rights Advice Service, in the news release. “We hope this legislative change will help us support more people, letting them know they are not alone.”
As of last November, 11 rights advisers are active across BC’s communities. The provincial government noted that the planned changes to the Mental Health Act announced on Nov. 24 would not impact the right to meet a rights adviser.
More on new service
The Canadian Mental Health Association’s BC division (CMHA BC) delivers the free and confidential Independent Rights Advice Service, which runs independently of health authorities and law enforcement.
“The Independent Rights Advice Service gives people in involuntary care access to confidential, independent support so they can understand their rights and make informed decisions,” Osborne said in the news release. “This is about putting people first in mental health care.”
“We are grateful to the Province of B.C. for funding this crucial service, to our partners and to the people with lived and living expertise who have guided this work,” added Jonny Morris, chief executive officer of the CMHA BC.
The service is available:
- in mental health spaces, including psychiatric and observation units
- in medical-surgical sites and other areas at designated facilities across the province
- to involuntary patients residing in their communities on extended leave
- primarily through virtual means, via videoconference and phones
- as in-person services in some circumstances
According to BC’s news release, the service is part of the provincial government’s efforts to ensure those experiencing severe mental health conditions receive the best possible treatment with dignity and fairness.
The BC government, which introduced the service in phases in the past two years, has finally finished implementing it throughout the province. The amendments could only come into force following complete implementation.
“Since its launch, the Independent Rights Advice Service has helped people in involuntary treatment feel recognized, heard and educated on their rights and decision-making power,” Ciavarella said in the news release.
“When someone is detained under the Mental Health Act, it can be a confusing path to navigate alone,” Morris added. “The Independent Rights Advice Service, now entering a new phase after almost two years of service, is a powerful source of support, information and understanding.”
