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

MISSING: Saanich police search for 18-year-old last seen Sept. 9

Robyn Coker-Steel has short purple hair, frequents downtown Victoria

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

No plan in place if Sooke homeless shelter forced to shut doors

Contract for Otter Road facility now month to month

Sooke marine search and rescue cast their nets for volunteers

Non-profit looking for crew and society members

Saanich police encourage safe driving habits as rain leads to pooling on roadways

Slow down, inspect vehicle ahead of driving in wet autumn weather

B.C. records 98 more COVID-19 cases, most in Lower Mainland

One new senior home outbreak, Surrey Memorial outbreak over

97 distressed horses, cats and dogs seized from farm in Princeton

RCMP assisted as BC SPCA executed search warrant

$250K reward offered as investigation continues into Sea to Sky Gondola vandalism

Police also asking for specific footage of Sea to Sky highway around time of incident

Trudeau ‘disappointed’ by RCMP treatment of Sikh officers over mask issue

World Sikh Organization of Canada said taking Sikh officers off the front lines constitutes discrimination

Liberals reach deal with NDP on COVID-19 aid bill, likely averting election

NDP and the Liberals have reached an agreement on COVID-19 sick-leave

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Money laundering inquiry delayed over of B.C. election: commissioner

Austin Cullen says the hearings will start again on Oct. 26

2 British Columbians arrested, 3 at large in massive Alberta drug bust

Eight people are facing 33 charges in what police have dubbed Project Incumbent

Lumber hitting record-high prices as supply lags behind demand

B.C.’s forest industry hasn’t been able to keep pace with the COVID-19 building boom

Most Read