B.C.’s mental health detention system violates charter rights: report

Community Legal Assistance Society calls for Mental Health Act overhaul

A report by the Community Legal Assistance Society is calling for an independent commission to overhaul the Mental Health Act, saying B.C.’s mental health detention system violates charter rights.

The report, released Wednesday by society lawyer Laura Johnston, said mental health detentions in B.C. have increased dramatically over the last 10 years, but the number of voluntary mental health admissions has remained virtually unchanged.

“Disturbing practices” within the provincial Mental Health Act are to blame, Johnston wrote, such as female patients routinely have their clothes removed by male staff, including security guards from private companies, and people in care being put in solitary confinement or involuntarily given treatments such as electroconvulsive therapy.

READ MORE: Justice reform tightens release rules for dangerously insane

The report also highlights what Johnston called “deep flaws” in the legal process for those detained, including the act of permiting indefinite detention with no mandatory periodic oversight, and a lack of independant legal aid for detainees specifically in regards to their detention.

“Our mental health system is increasingly interacting with people with mental health problems in an adversarial way by removing their rights, rather than in a voluntary way that promotes autonomy and collaboration in the recovery process,” Johnston said in a news release. “We need to ask why and take a hard look at what is going on in this detention system.”

The report calls on the ministries of health and mental health and addictions to create an independent law reform commission to overhaul the Mental Health Act – a practice Johnston said is already underway in other provinces.

“B.C.’s mental health detention system has been operating in darkness for too long,” she said.

The province has not yet commented.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Wally Oppal says policing ‘too important’ to be left to the police

Oppal keynote speaker at a Surrey Board of Trade “Hot Topic Dialogue” breakfast event this morning

UPDATE: Surrey RCMP say missing 14-year-old has been found and is safe

Brayden Ritchat, 14, had been last seen in the 10800-block of 141st Street in Whalley on Feb. 21

BC Liberals firing at NDP due to fact new Surrey hospital not in budget

But Surrey-Panorama MLA Jinny Sims says business case is needed first

White Rock seeks assistance for park rain damage

City applies for provincial funding following closure of Ruth Johnson Park and ravine

United Nations designates Surrey a ‘Tree City’

Surrey is one of 59 cities in the world to receive the designation

Rail disruptions expected to continue after new protest sites emerge

Nationwide rail and road blockades have been popping up for weeks

51 health professionals send letter to Trudeau, Horgan panning northern B.C. pipeline

They point to studies about the health and climate change risks from pipeline

Fake meat and a latte? Starbucks adds Beyond Meat in Canada

The Seattle roaster has talked about introducing plant-based patties in the U.S., but has yet to do so

Groundhogs got it wrong: spring isn’t coming soon, Weather Network says

The only part of B.C. to warm up early will be Victoria

Protecting privacy key to stopping spread of COVID-19, B.C. health officials say

The number of coronavirus cases in B.C. remains at seven

Toffoli scores OT winner as Canucks beat Habs 4-3

Demko makes 37 saves for Vancouver

Pink Shirt Day campaign urges Canadians to ‘Lift Each Other Up’

Annual anti-bullying effort returns Wednesday, Feb. 26

Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000

Most Read