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

Abbotsford has a COVID-19 rate 10 times higher than Chilliwack

Abbotsford has been much harder hit by COVID-19 than its neighbour to the east

MEDICAL MOMENTS: Dr. Andrew Edelson has served Mission for more than 45 years

Why Mission? ‘Mostly because it’s such a wonderful community,’ he says

BC launches 22 new primary care networks, including one in Mission

Will be adding family physicians, a nurse practitioner and a social worker

Abbotsford veteran survives cancer scare, celebrates 95th birthday

Second World War veteran Andy Anderson receives socially distanced birthday party after health scare

Bank robber who was on the lam receives three years in jail

Lucas Bradwell was wanted for robberies in Abbotsford, Sidney and Vancouver

B.C.’s top doctor thanks supporters after revealing threats over COVID-19 measures

Dr. Bonnie Henry says COVID-19 has caused some people to lash out in anger and frustration out of fear

B.C.-born Trybe social media app’s award system connects with Nickelback singer

Rock stars, jet planes, scooter tricks and the creation of a new platform ready for launch

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

B.C. VOTES 2020: Speculation tax misses speculators, B.C. Liberals say

Andrew Wilkinson, John Horgan clash over housing costs, solutions

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

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

RCMP assisted as BC SPCA executed search warrant

NDP, Greens divided on pace of child care improvements in B.C. election campaign

NDP Leader John Horgan recommitted to $10-a-day child care and blamed the Greens for not supporting his efforts

Wind warning for White Rock, South Surrey

Gusts up to 90 km/h expected from Richmond to Langley Friday (Sept. 25) morning

BC Liberal Leader talks drug addiction in the Lower Mainland

Drug addiction and public safety a top priority says Andrew Wilkinson

Most Read