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

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

Wildlife advocate Gary Schroyen captured this picture of a one-year-old cougar in the Sooke Hills using a homemade trip camera. Vancouver Island is home to approximately 800 cougars, which makes up about a quarter of the total population in B.C. (Gary Schroyen photo)
Wildlife advocate Gary Schroyen captured this picture of a one-year-old cougar in the Sooke Hill using a homemade trip camera. Schroyen presents Animal Signs: The Essence of Animal Communication on Nov. 30. (Gary Schroyen photo)
Declining Vancouver Island cougar populations linked to wolves

Large carnivore specialist says human development still plays biggest role on cougar numbers

The West Shore Community Response Network (CRN) is urging awareness around National Fraud Prevention Month, so residents can especially help protect older and vulnerable adults against fraud. (Photo by Joshua Hoehne/Upsplash)
March dialed in as National Fraud Prevention Month

West Shore Community Response Network urges citizens to protect seniors against phone, email scams

Students from SD62 stepped up to help members in the community with the annual 10,000 Tonight food drive. This year’s organizers had to adapt during the campaign as COIVD-19 public health orders changed. (Black Press Media file photo)
West Shore students step up to make sure community members don’t go without

Students of SD62 are this year’s recipient of the Youth Volunteer Award

A cat died in this house fire in Sidney afternoon. The fire started on the house’s deck and spread from that point. Sidney Volunteer Fire Department Chief Brett Mikkelsen said the permanent presence of crews at the Community Safety Building prevented worse damage. (Photo courtesy of Clayton Firth)
Sidney house fire kills cat, causes extensive damage

Official says fire started on deck and damage to the house could have been worse

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

A boat caught fire in Ladysmith Harbour on Saturday morning. (Photo submitted)
Search underway for missing woman after boat catches fire in Ladysmith harbour

A large boat caught fire on the morning of Saturday, Feb. 27

Lone orca from a pod that made its way north from Georgia Strait and into Discovery Passage on Saturday, Feb. 27, 2021. Photo by Ella Smiley/<a href="https://www.facebook.com/Comoxvalleywildlifesightings/?ref=page_internal" target="_blank">Comox Valley Wildlife Sightings </a>
Island wildlife viewers thrilled by close view of passing Orca pod

Group gives wildlife photographers a classic opportunity to view them off Campbell River shoreline

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Most Read