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

VIDEO: Call goes out for B.C. wildfire relief supplies

Chilliwack volunteers hope to load a 53-foot trailer with practical donations before heading into the firezone

UFV baseball coach returns to pro ranks

Jordan Lennerton, who also coaches at ‘The Yard’ in Chilliwack, played 1 game for the Quebec Capitales

Camp Ignite aims to inspire future first responders

Four-day camp offers young women a chance to experience the challenges of being a first responder

General aviation traffic down to a trickle at Chilliwack Airport

Minimum visibility guidelines can’t be met when conditions are so smoky you can’t see the mountains

At least 14 illegal fires set between Chilliwack and Hope this month

Conservation officers are fed up with people not listening to the province-wide fire ban

Social media, digital photography allow millennials to flock to birdwatching

More young people are flocking to birdwatching than ever, aided by social media, digital photography

Prime minister greeted by B.C. premier as cabinet retreat begins

PM Justin Trudeau and Premier John Horgan meet in advance of federal cabinet meetings in Nanaimo

Indigenous Creation story to be performed as musical at Lytton River Festival

Savage Society and members of the Lytton First Nation to present The Council of Spider, Ant & Fly

Are your kids anxious about going back to school?

BC Children’s Hospital offers tips to help your children be mindful and reduce stress

New trial ordered for James Oler in B.C. child bride case

Meanwhile, appeal court dismisses Emily Blackmore’s appeal of guilty verdict

This trash heap in Vancouver could be yours for $3.9 million

Sitting atop 6,000 square feet, the home was built in 1912, later destroyed by fire

Date rapist left victims with ‘long-lasting, emotional scars,’ judge says

Klifford Kenyon of Abbotsford sentenced to additional two years in prison

Fire in barn that housed therapy horses has been confirmed an arson

Abbotsford Police Department is now investigating and seeks witnesses

Team Canada’s next game postponed at Little League World Series

They’re back in action on Wednesday against Peurto Rico

Most Read