B.C. deemed-consent system for involuntary psychiatric care ruled unconstitutional

The B.C. Supreme Court has ruled that parts of the province’s framework for psychiatric treatment of involuntarily detained patients are unconstitutional. Justice Lauren Blake’s 289-page decision found Charter violations where patients’ ability to consent was not assessed and consent was instead deemed through facility directors.

The case, brought by the Council of Canadians with Disabilities, began about 10 years ago. Lawyer Patrick Williams said B.C. apprehends roughly 17,000 people each year under the Mental Health Act, and some may have received treatment under a process the court found unconstitutional.

The court heard testimony from dozens of patients who described traumatic experiences. Williams said evidence included electroshock therapy administered against some patients’ wishes, as well as restraints and forced medication injections. Blake noted the complexity of involuntary care and the vulnerability of people experiencing serious mental disorders.

More than 70 hospitals and facilities in British Columbia provide inpatient treatment to people detained under the act. Health Minister Josie Osborne said the province will review the ruling carefully and emphasized that care must respect patients’ rights, dignity and autonomy. The judge gave the province six months to develop a constitutionally compliant approach.