B.C.’s mental health detention system violates charter rights: report

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Crews disassemble the iconic red and white KFC bucket from a sign on Goldstream Avenue. (Photo courtesy of Mark Schoor)
Iconic KFC bucket removed from Goldstream Avenue

Popular fast-food chain closes Langford location

One person is dead after a camper van caught fire Thursday morning in Victoria's Beacon Hill Park. (Nina Grossman/News Staff)
UPDATED: One person dead after vehicle fire in Beacon Hill Park

Investigation into Victoria death in early stages

Darcy Rhodes (left) says his grandfather’s bonsai trees are his ‘babies.’ (Courtesy of Tamara Bond)
Nanaimo-Ladysmith MP Paul Manly is the final speaker in the Lent speaker series hosted online by Metchosin’s St. Mary’s church in Metchosin. (Black Press Media file photo)
Metchosin church focuses on climate change this Lent season

Speaker series runs Wednesdays to March 31

A recently finished $4.3-million taxiway extension at the Victoria International Airport (not pictured) is unusable because of a blind spot. (Black Press Media file photo)
Blind spot leaves Victoria airport’s new $4.3-million taxiway extension unusable

Solution has been put on hold by COVID-19 pandemic, says airport authority

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of March 2

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media file photo)
POLL: How’s your butter?

Recent reports have some Canadians giving a second look to one of… Continue reading

(National Emergency Management Agency)
No tsunami risk in B.C. after powerful earthquake hits New Zealand: officials

An 8.1-magnitude earthquake shook the north of New Zealand Thursday morning

Comox Valley RCMP had access to 20 Street blocked off between Cousins and Choquette avenues as they conducted a raid of a house on the block. Photo by Terry Farrell
Comox Valley RCMP raid Courtenay problem house, several arrests made

Comox Valley RCMP conducted a raid of a problem house on 20th… Continue reading

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

A Cowichan Valley mom is wondering why masks haven’t been mandated for elementary schools. (Metro Creative photo)
B.C. mom frustrated by lack of mask mandate for elementary students

“Do we want to wait until we end up like Fraser Health?”

(Pxhere)
B.C. research reveals how pandemic has changed attitudes towards sex, health services

CDC survey shows that 35 per cent of people were worried about being judged

Most Read