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.

Just Posted

UPDATE: Missing senior couple found

A senior couple from the Lower Mainland have been reported missing

Clearwater RCMP weekly police report

Clearwater RCMP responded to 41 calls for service over this past week

Hospice campaign goes into seventh year

Lights to Remember raises funds for needed training of Hospice members

Back in Time

Historical Perspective

Trudeau offers to help Pacific islands face climate change impact

Prime Minister Justin Trudeau met with the leaders from the Pacific island nations on Saturday during the APEC Summit in Papua New Guinea

‘Toxic’ chosen as the Word of the Year by Oxford Dictionaries

Other top contenders for 2018 include ‘gaslighting’ and ‘techlash’

RCMP bust illegal B.C. cannabis lab

Marijuana may be legal but altering it using chemicals violates the Cannabis Act

Canada defeats Germany 29-10 in repechage, moves step closer to Rugby World Cup

Hong Kong needs a bonus-point win over Canada — scoring four or more tries — while denying the Canadians a bonus point

Avalanche Canada in desperate need of funding

The organization provides avalanche forecasting for an area larger than the United Kingdom

Quesnel fed up with detour, urges Ottawa to speed up road repair

West Fraser Road has been on detour since spring 2018, with no plans to repair washout until 2020

5 B.C. cities break temperature records

Parts of B.C. remain warm, at 10 C, while others feeling chilly

B.C. teacher’s Amazing Race takes students on Canada-wide adventure

Agassiz high school students say they had the experience of a life time

Don’t sign USMCA until LGBTQ language excised, U.S. lawmakers urge Trump

The trade agreement, forged after 13 months of tense negotiations between Canada and the U.S. is scheduled for Nov. 30

Most Read