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Charter challenge to B.C.'s Mental Health Act being heard in court
Charter challenge to B.C.'s Mental Health Act being heard in court

Yahoo

timea day ago

  • General
  • Yahoo

Charter challenge to B.C.'s Mental Health Act being heard in court

A Charter challenge to B.C.'s Mental Health Act, over a provision that groups say denies patients the ability to consent to treatment, is now being heard in B.C. Supreme Court nearly a decade after it was first filed. The challenge, filed by the Council of Canadians with Disabilities and other plaintiffs, was first made in 2016 over the act's "deemed consent" provision, which states that anyone with involuntary status under the law is presumed to have agreed to psychiatric treatment. The first hearing day was Thursday, and those involved say it's likely to continue for several weeks. Supporters of the challenge say that deemed consent removes safeguards that ensure a patient is being treated humanely, and violates the Charter's rights to life, liberty and security for everyone. They argue that B.C. having a deemed consent provision makes it unique among Canadian provinces and jurisdictions worldwide, and that it deprives patients of the right to control what is done to their own bodies — including, potentially, electroconvulsive treatment or the provision of medication. "It's time to modernize, and ensure that the legislation is brought into compliance with the Charter of Rights and Freedoms, which I think all of us living in Canada now greatly respect and feel as a part of our Canadian culture," said Yvonne Peters, co-chair of the Council of Canadians with Disabilities' disability justice litigation initiative. A spokesperson for Health Minister Josie Osborne declined to comment on the case as it is before the courts. Loved ones should be involved: supporters The Charter challenge has drawn support from numerous groups, including the Canadian Mental Health Association's B.C. division (CMHA-BC). Jonny Morris, CEO of CMHA-BC, says removing the deemed consent provision would provide people with dignity and more control over their care. "We hope that there's a world in which the Mental Health Act is modernized so that deemed consent is replaced with evidence-based safeguards," he told CBC News. "So if the person wants their family members to be part of the decision making, if they can't make a decision, that those family members are included ... and that people have a say in their treatment if they have the capacity to be making decisions," he added. Morris said that, in addition to family members, he would like to see a patient's trusted neighbours, friends or other colleagues be incorporated into decision-making as part of the act's reform. Victoria resident Celeste Macevicius was committed to care under the Mental Health Act as a teenager, and has acted as a carer for people who have dealt with the mental health system. She says the legislation acts as a brick wall as soon as a decision is made to certify a patient to treatment, and family members aren't even informed when their loved one is discharged from care. "The degree to which people all of a sudden lose dignity and agency and autonomy and sense of self when they're put under the Mental Health Act is devastating," she said. "Even if somebody is a risk to themselves or a risk to somebody else, that shouldn't mean that then they'll be forced to comply with whatever a psychiatrist — who's known them for four hours — thinks they should comply with." Province reviewing act In the wake of a tragedy last month, in which a man on "extended leave" from his mental health team allegedly drove a car into attendees of the Lapu-Lapu Day festival in Vancouver, killing 11, B.C. Premier David Eby announced a review of the Mental Health Act. Eby said Osborne and her team will initiate a review of the act. Dr. Daniel Vigo, B.C.'s chief scientific adviser for psychiatry, toxic drugs and concurrent disorders, will be part of the review, the premier said. He did not provide a timeline for the review. Claire Rattée, the B.C. Conservative critic for mental health and addictions, said that the deemed consent provision in the Mental Health Act was not consistent with best practices, and that a collaborative approach to care was a better approach. She's arguing that, while the Mental Health Act is a good piece of legislation, the province is failing to support people with mental health and addictions challenges, including people with brain injuries from repeated drug overdoses. "I'm more concerned about the lack of services that are out there to support people with mental health and addiction struggles," she said. "And that's really where we're seeing these large failings, these large cracks that people are are falling through."

Charter challenge to B.C.'s Mental Health Act being heard in court
Charter challenge to B.C.'s Mental Health Act being heard in court

CBC

timea day ago

  • Health
  • CBC

Charter challenge to B.C.'s Mental Health Act being heard in court

A Charter challenge to B.C.'s Mental Health Act, over a provision that groups say denies patients the ability to consent to treatment, is now being heard in B.C. Supreme Court nearly a decade after it was first filed. The challenge, filed by the Council of Canadians with Disabilities and other plaintiffs, was first made in 2016 over the act's "deemed consent" provision, which states that anyone with involuntary status under the law is presumed to have agreed to psychiatric treatment. The first hearing day was Thursday, and those involved say it's likely to continue for several weeks. Supporters of the challenge say that deemed consent removes safeguards that ensure a patient is being treated humanely, and violates the Charter's rights to life, liberty and security for everyone. They argue that B.C. having a deemed consent provision makes it unique among Canadian provinces and jurisdictions worldwide, and that it deprives patients of the right to control what is done to their own bodies — including, potentially, electroconvulsive treatment or the provision of medication. "It's time to modernize, and ensure that the legislation is brought into compliance with the Charter of Rights and Freedoms, which I think all of us living in Canada now greatly respect and feel as a part of our Canadian culture," said Yvonne Peters, co-chair of the Council of Canadians with Disabilities' disability justice litigation initiative. A spokesperson for Health Minister Josie Osborne declined to comment on the case as it is before the courts. Loved ones should be involved: supporters The Charter challenge has drawn support from numerous groups, including the Canadian Mental Health Association's B.C. division (CMHA-BC). Jonny Morris, CEO of CMHA-BC, says removing the deemed consent provision would provide people with dignity and more control over their care. "We hope that there's a world in which the Mental Health Act is modernized so that deemed consent is replaced with evidence-based safeguards," he told CBC News. "So if the person wants their family members to be part of the decision making, if they can't make a decision, that those family members are included ... and that people have a say in their treatment if they have the capacity to be making decisions," he added. Morris said that, in addition to family members, he would like to see a patient's trusted neighbours, friends or other colleagues be incorporated into decision-making as part of the act's reform. Victoria resident Celeste Macevicius was committed to care under the Mental Health Act as a teenager, and has acted as a carer for people who have dealt with the mental health system. She says the legislation acts as a brick wall as soon as a decision is made to certify a patient to treatment, and family members aren't even informed when their loved one is discharged from care. "The degree to which people all of a sudden lose dignity and agency and autonomy and sense of self when they're put under the Mental Health Act is devastating," she said. "Even if somebody is a risk to themselves or a risk to somebody else, that shouldn't mean that then they'll be forced to comply with whatever a psychiatrist — who's known them for four hours — thinks they should comply with." Province reviewing act In the wake of a tragedy last month, in which a man on "extended leave" from his mental health team allegedly drove a car into attendees of the Lapu-Lapu Day festival in Vancouver, killing 11, B.C. Premier David Eby announced a review of the Mental Health Act. Eby said Osborne and her team will initiate a review of the act. Dr. Daniel Vigo, B.C.'s chief scientific adviser for psychiatry, toxic drugs and concurrent disorders, will be part of the review, the premier said. He did not provide a timeline for the review. Claire Rattée, the B.C. Conservative critic for mental health and addictions, said that the deemed consent provision in the Mental Health Act was not consistent with best practices, and that a collaborative approach to care was a better approach. She's arguing that, while the Mental Health Act is a good piece of legislation, the province is failing to support people with mental health and addictions challenges, including people with brain injuries from repeated drug overdoses. "I'm more concerned about the lack of services that are out there to support people with mental health and addiction struggles," she said. "And that's really where we're seeing these large failings, these large cracks that people are are falling through." WATCH | What two lawyers want to see in Mental Health Act review: What changes to B.C.'s mental health legislation could look like 23 days ago Duration 15:05 Premier David Eby has announced a review of the province's mental health legislation in light of the Lapu-Lapu Day festival tragedy. Two lawyers with extensive professional experience, Laura Johnston of Health Justice and Kevin Love with the Community Legal Assistance Society, joined us to share their experiences with the Mental Health Act and what changes they do and do not want to see.

Royal Victoria Hospital: Trust will not shy away from cardiac unit problems
Royal Victoria Hospital: Trust will not shy away from cardiac unit problems

BBC News

time3 days ago

  • Health
  • BBC News

Royal Victoria Hospital: Trust will not shy away from cardiac unit problems

The Belfast Health Trust is "not shying away" from trying to improve relations among staff within its regional cardiac surgery unit, its chairman has Mulgrew was speaking for the first time since a leaked review laid bare bullying allegations and reports of surgeons throwing instruments during became chairman of the trust, which has been beset by a series of problems, in Mulgrew told BBC News NI he wanted the trust to be judged on "how it solved the problems, not on where we are". 'Frank and robust' He was speaking after a meeting with Health Minister Mike Nesbitt on Mulgrew described the discussion as "frank and robust" and that the minister was "quite clear about his disappointment" with the situation."The reality is that we have a difficulty," he said,"We're not shying away from that difficulty."We're not trying to hide it, and we will address that."He said Nesbitt was "quite clear that we have to get our house in order"."This is by no means something which is in any way being hidden or pushed underneath the carpet. If it were, then we wouldn't have dealt with things in the way that we did," said Mr to respond to concerns that the behavioural problems could be widespread across the trust, the chairman said he did not believe the difficulties in the cardiac surgery unit were reflective of the trust as a whole."I think in any organisation with 23,000 people, you're going to have difficulties within relationships," he said."The worst thing that you can do is ignore those things or walk past them. We're not prepared to do that." What did the leaked report say? The report said an "apparent power battle" had been unfolding between some senior doctors in the cardiac surgical department of the Royal Victoria Hospital in 70 staff spoke anonymously and the report stated there were "clear tensions" between different groups of report also detailed the throwing of instruments during surgery as well as "verbal abuse".The report added that while there was one consultant "particularly prone" to throwing instruments in theatre, the behaviour was not unique and nursing staff were bearing the "brunt of the bullying".

Public invited to give views on Jersey cannabis policy
Public invited to give views on Jersey cannabis policy

BBC News

time3 days ago

  • General
  • BBC News

Public invited to give views on Jersey cannabis policy

The government is asking people to have their say on Jersey's approach to recreational cannabis online survey has been launched alongside a focus group meeting to help the government inform on its approach to the current Class C States of Jersey made it possible in 2018 for islanders to be prescribed cannabis-based products for medicinal use, but decided not to decriminalise cannabis in June Minister for Health and Social Services Deputy Tom Binet said he would "encourage everyone to take a few minutes to have their say". He said: "We want to make sure islanders have the chance to share their views on recreational cannabis policy, and this survey is an important part of that. "Understanding public opinion will allow the Assembly to ensure that any future decisions are informed by the views of islanders."The consultation is open until Friday 11 July.

France to ban smoking outdoors in most places
France to ban smoking outdoors in most places

South China Morning Post

time3 days ago

  • Health
  • South China Morning Post

France to ban smoking outdoors in most places

France will ban smoking in all outdoor places that can be accessed by children, including beaches, parks and bus stops, the health and family minister announced Thursday. Advertisement Famed as a country where smokers linger over cigarettes on cafe terraces or strolling down cobblestone streets, France has increasingly tightened restrictions on tobacco use in public spaces in recent years. The new ban, which will enter into force on July 1, will cover all spaces where children could be present, including 'beaches, parks, public gardens, outside schools, bus stops and sports venues', minister Catherine Vautrin said. 'Tobacco must disappear where there are children,' Vautrin said in an interview published by the regional Ouest-France daily on its website. The freedom to smoke 'stops where children's right to breathe clean air starts', she said. The ban will also extend to schools, to stop students smoking in front of them. Advertisement Offenders face a fine of up to €135 (US$154), Vautrin said.

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