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[HEALTH] · Canada · 29 sources

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BC Supreme Court finds part of Mental Health Act unconstitutional

Justice Lauren Blake of the British Columbia Supreme Court issued a decision on July 28 ruling that the second half of Section 8(a) of the province’s Mental Health Act is unconstitutional. The court held that the provision creates a blanket restriction on health‑care consent and decision‑making for all involuntarily admitted patients, violating the Canadian Charter of Rights and Freedoms – specifically the rights to life, liberty, security of the person and equality. The plaintiff, the Council of Canadians with Disabilities, challenged the section that removes the presumption of capacity for involuntary patients and gives facility directors authority to consent to psychiatric treatment on their behalf. The Attorney General of British Columbia was the defendant. The judgment was limited to the challenged provision and did not overturn the broader involuntary care system in the province.

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Attorney General of British Columbia · British Columbia · British Columbia Supreme Court · Canadian Charter of Rights and Freedoms · Council of Canadians with Disabilities · Justice Lauren Blake

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