Mental Health
Mental Health Law Reform, everyone should be able to access dignified and effective treatment. Too often the laws in BC take an outdated approach that discriminates against people with mental disabilities and makes it difficult for people to access treatment and services safely. We work to improve the law to make sure that BC has a mental health and addiction system that provides evidence-based care that promotes equality, self-determination, and dignity.
Currently we are engaged in the following mental health law reform activities.
Mental Health Act Law Reform- The BC Mental Health Act is the law that governs detention in a mental health facility and involuntary psychiatric treatment. It takes an outdated approach that prioritizes detention, coercion, and discipline over voluntary and effective health care services. There are many ways that the BC Mental Health Act falls short of the rights guaranteed by the Charter, international human rights laws, and evidence-based best practices. For example, the BC Mental Health Act authorizes detaining facilities to "discipline" patients without any statutory limits or a review process. You can be detained indefinitely under the BC Mental Health Act without any mandatory, independent reviews. We advocate, raise awareness, and represent people and disability rights organizations in court to try to improve the BC Mental Health Act. This province needs a new Mental Health Act that promotes human rights principles and effective care.
Legal Aid for Mental Health Detainees- The Charter guarantees everyone in Canada the right to independent legal advice when they are detained. But there is currently no legal aid funded service to provide legal advice to people when they are detained because of a mental disability, like under the Mental Health Act or the Adult Guardianship Act. The Ombudsperson recently reported that most mental health detainees weren't properly notified about their rights by facility staff. BC is currently one of the few Canadian jurisdictions that does not have some form of independent rights advisor built into its mental health legislation. We advocate for the creation of a service to provide mental health detainees the independent legal advice they need when they are detained.
Currently we are engaged in the following mental health law reform activities.
Mental Health Act Law Reform- The BC Mental Health Act is the law that governs detention in a mental health facility and involuntary psychiatric treatment. It takes an outdated approach that prioritizes detention, coercion, and discipline over voluntary and effective health care services. There are many ways that the BC Mental Health Act falls short of the rights guaranteed by the Charter, international human rights laws, and evidence-based best practices. For example, the BC Mental Health Act authorizes detaining facilities to "discipline" patients without any statutory limits or a review process. You can be detained indefinitely under the BC Mental Health Act without any mandatory, independent reviews. We advocate, raise awareness, and represent people and disability rights organizations in court to try to improve the BC Mental Health Act. This province needs a new Mental Health Act that promotes human rights principles and effective care.
Legal Aid for Mental Health Detainees- The Charter guarantees everyone in Canada the right to independent legal advice when they are detained. But there is currently no legal aid funded service to provide legal advice to people when they are detained because of a mental disability, like under the Mental Health Act or the Adult Guardianship Act. The Ombudsperson recently reported that most mental health detainees weren't properly notified about their rights by facility staff. BC is currently one of the few Canadian jurisdictions that does not have some form of independent rights advisor built into its mental health legislation. We advocate for the creation of a service to provide mental health detainees the independent legal advice they need when they are detained.
Main Page: http://www.clasbc.net/contact
Details
Disabilities
Mental Health , Schizophrenia , Substance Use/Addiction
Age
19-99
Eligibility
Contact CLAS for further information
Locations
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