British Columbia Supreme Court declares involuntary mental health treatment scheme unconstitutional

The British Columbia Supreme Court ruled that sections of the province’s Consent Act and Representation Agreement Act, which allow directors of mental health facilities to consent to psychiatric treatment for people admitted involuntarily, violate the Charter of Rights and Freedoms. The decision was brought by the Council of Canadians with Disabilities, which argued the legislation denied capable patients the right to direct their own care and perpetuated a stereotype that people with mental disorders lack capacity.

The court described British Columbia as an outlier among Canadian provinces because it lacks a requirement to assess a patient’s capacity before treatment and gives facilities unilateral power to treat individuals against their will without independent oversight. The province has been given six months to draft Charter‑compliant legislation to replace the struck‑down provisions.