The B.C. government is facing another major setback from the courts.
The latest ruling finds sections of the Mental Health Act that allowed for “involuntary care” for people with severe mental health and substance issues are unconstitutional.
The Council of Canadians with Disabilities challenged B.C.’s approach to involuntary psychiatric treatment, arguing it violated charter rights.
The B.C. Supreme Court agreed, ruling the Mental Health Act gave hospital directors what it called blanket power to impose psychiatric treatment.
“Without first assessing do they have the capacity to discuss treatment? Do they have an opinion? Do they have experience?” Yvonne Peters with the Council of Canadians with Disabilities said.
Justice Lauren Blake said sections of the Mental Health Act “perpetuates the stereotype that individuals suffering from a mental disorder lack capacity.”
The lawsuit did not challenge involuntary admission.
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The province can still intervene when someone is in crisis.
Lawyer Ravi Hira says what now has to change is what happens after admission and when treatment can be provided without consent.
“With evidence from medical practitioners, to be apprehended and put into a treatment facility,” Hira, K.C. with Hira Rowan LLP, said.
“We also have the ability to review that.”
This ruling comes as the Eby government expands involuntary care for people it says are stuck in a revolving door of hospitals, jails and the street.
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“Certainly people need treatment,” Peters said.
“People need the help; we’re not suggesting anything’s wrong with that. But we want that system to be one that’s based on human rights.”
The ruling found that B.C. is the only province without key safeguards around consent and a patient’s capacity to make treatment decisions.
“We were a standalone in the way we’ve been handling mental health care in B.C., and it’s a failure in my opinion that David Eby has left it to wait for the Supreme Court to make these changes,” Elenore Sturko, the independent MLA for Surrey-Cloverdale, said.
The case was filed nearly a decade ago and the province unsuccessfully tried to have it thrown out.
In a statement, the Attorney General’s office says it is reviewing the decision and will determine next steps once that review is complete.
The province now has six months to amend the law before the court ruling takes effect.
Most people living on the streets have addiction problems as well as mental health issues which compounds the problem. Addicts will do and say anything to get the drugs or alcohol they need. How can anyone say people with these problems can make rational decisions about their care. The public have the right to feel safe going about their daily business
Yeah, this needs to be overturned as cruel and unusual punishment.
The judge is wrong as seems to always be the case these days.
A friendly reminder that the constitution and our charter rights were violated in 2020. The government can pick and choose when to follow or enforce, as it suits them.
A few coments from Canadians, I know.
Doctor- you have No human right for care from me.
Farmer- you have No human right, to food I grow.
Taxpayer- you have No human right to live off My efforts.
Think about this.
what a joke this country has become
prior to the Charter two doctors would sign a document stating a person would be taken to for mental health care. The document would given to thelocal ambulance company , acrew would be dispathced to pick up the patient. Once on scene the patient may state they would not go toi hospital. The patient would be tied down to the stretcher and transported. Police were not required & ambulance personnal were not sworn officers. The patient would be taken to VGH and within a day or two taken to Riverview. Since the Charter police feel a patient needs assesment by a Dr. Under the MHA they would transport the patient to hospital. Forced commital is a breach of a persons rights. If the Govt. when in appeal it will be a matter of time when the days of old with non law enforcement surrnding and transporting patients to a declared treatment center
A.T. Nash
August 1, 2026 at 11:52 pm
It would seem the people in the most need of mental health care are those who cannot make that discernment. “Involuntary care” is not imprisonment, it’s providing care for those who desperately need it. As it stands, so many of them are living on the streets, barely surviving.
And for many of them, that’s THEIR CHOICE!! They choose to live way!
I am a building supervisor. I have seen many folks just leave it all. Apts full of things, a life, sometimes a pet, for life on the street and drugs. We do our diligence and track them down or family. I have literally hauled away apartments full of things. Clothes, food on the table and in the fridge. Lucrative careers. One was a graphics designer/ care aid. Another was a Telus tech. One a plumber, ticketed and all who left tools and everything.
There have been many many more. The allure of a life with fenty is to much I guess. I dont know.
BCs heath care, period, is a violation of constitutional rights. Our right as citizens to speedy, decent, efficient and affordable healthcare has been violated!
David Eby and the Needles Drugs and Poverty Party have to go NOW!!
These people need care and they cannot make that decision themselves. It is harm to leave them in their status quo. Our govt needs to give them the treatment they need.
It would seem the people in the most need of mental health care are those who cannot make that discernment. “Involuntary care” is not imprisonment, it’s providing care for those who desperately need it. As it stands, so many of them are living on the streets, barely surviving.
I am getting more disillusioned with the Eby government and its conservative values. Can we recall him and get a real NDP Premier? He last left seniors out in the cold, is doing nothing about the rental crisis and the escalating cost of groceries. HE is putting people on the streets and now wants to institutionalize them.
Every judge in this country needs to be retired.
Thats enough
Its time to stop using what is proven over and over and take mandatory action.
What about citizens rights to.live in a safe environment.
Time to grow a pair and take action.
This is ridiculous. Involuntary treatment is only used in extreme cases where a person is a danger to themselves and others. They are incapable of having a say in their treatment.
what a joke the the supreme court is
Hahaha and B.C. continues to live in the past
Hence the island of the coast below the island of Wales is a significant hint on that one
And the fact they dont realize that I hold close toes to the beittosh empire for ancestral generations
And the officers who decided to need to be put into this involuntarily admitted to high treason and protecting high treason
My spouse fell victim to this and for medication to cause rapid weight gain in less than months or weeks within days I’d have to testify being witness to the body chemistry changing in an unhealthy matter is concerning as the medications they be forcing her to take are mostly seating her and developed a compulsive behavior
No thanks to Carney libs for causing all the issue.
The dangerous thing is that all these judges were basically failures in private practice.
Their only way to make a living or be relevant was public service.
Much like almost every other public servant. First responders, health care professionals and maybe our civil engineers aside.
At my club, there are plenty of lawyers around. They all say the same thing about these judges and especially judges opining on human rights related matters.
Professional Losers.
Respectfully, Lauren Flake, you are out of touch with reality.
Your silver spoon is showing.
People are terrified in their own neighbourhood.
WE the taxpayers pay your wages, and I would like to see judges be elected so we could oust them all
I would suggest Justice Blake also lacks capacity. Has she not seen what is happening out on the streets?
Supreme Court is out to lunch as usual.
Oh brother.
Let’s put this judge and Yvonne Peters in a room with one these violent addicts without protection and see what happens.
I dare them!
Unbelievable.
I could understand if we are talking about individuals with none addiction related mental illnesses who don’t commit crimes but what we are really talking about here is the beyond self care, danger to the public, crime committing, repeat offenders and repeat ODers junkies who are robbing, stealing and assaulting innocent citizens.
When is enough enough for you guys?
Hey dickwad, what about the rights of the people that these individuals wreak hacov on everyday? You’re a bleeding heart liberal