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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

time01-06-2025

  • 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

time31-05-2025

  • 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.

Vancouver byelection candidates differ over how best to reach voters
Vancouver byelection candidates differ over how best to reach voters

Yahoo

time19-03-2025

  • Politics
  • Yahoo

Vancouver byelection candidates differ over how best to reach voters

As Vancouver nears its April 5 two-seat byelection, candidates have been in neighbourhoods talking directly with voters at several all-candidates meetings, but two in particular have, so far, been absent. The pass on the events by ABC Vancouver candidates Jaime Stein and Ralph Kaisers — running for the party with a current majority on council — has puzzled some voters and candidates from opposition parties who are making community-led events a central pillar of their campaigns. "I mean, this is democracy manifest, right?" said Theodore Abbott one of two TEAM for A Livable Vancouver byelection candidates at an event Monday in the Grandview-Woodland neighbourhood. "This is democracy in action happening."On Monday, Abbott was one of seven candidates who individually sat at tables, available to answer questions from voters, before assembling a panel for another Q&A session altogether. "I love meeting all these people," said the Green Party of Vancouver's candidate, Annette Reilly. "It just kind of gives me energy and uplifts me as I get to know everyone." Yvonne Peters, third from right, attends a Vancouver byelection all-candidates event in Grandview-Woodland on Monday, Mar. 17, 2025. (Nav Rahi/CBC) The all-candidates event was the latest in a series across the city aimed at allowing public access to candidates to ask them questions and hear them debate core issues facing the city, such as toxic drug poisonings, development like the Broadway plan, aging infrastructure and taxation. Organizers of the Grandview-Woodland all-candidates meeting invited ABC Vancouver to the event, but the party declined. "I think they were afraid to come, maybe," said Vancouver resident Yvonne Peters, who attended the Grandview Woodland event. "But it's important to be able to have conversations with people. That's what politics is all about." WATCH | Byelection seen as defacto referendum on Vancouver's council: Sean Orr, the candidate for the Coalition of Progressive Electors, along with others, has said the byelection is seen as a referendum on ABC Vancouver, which has been in power for more than two years of its four-year term. In 2022, ABC ran on a platform of public safety and fiscal responsibility but has attracted criticism over decisions around supportive housing, climate policies, championing bitcoin for the city, questioning the work of the city's integrity commissioner and a move to dissolve the elected park board. ABC elected 18 candidates across council, park board and school board in 2022, but only 13 currently remain in the party. "I think people are really wanting change," said Orr. "But I think another thing is that they want to hear from ABC, and I think it's a real travesty that ABC isn't here to answer their questions." 250 ABC events in 50 days ABC Vancouver's campaign manager, Stephen Carter, said the party has a different take on the utility of all-candidates meetings, saying they don't "make sense for us." He argued his candidates, in and amongst the others, would lose time and attention for their message to voters. Instead, Carter said the party is trying to hold 250 events in 50 days at places like Rotary clubs, cultural centres and seniors' homes. "I think that's a far smarter plan," said Carter. Ralph Kaisers and Jaime Stein wait to speak during an ABC Party news conference in Vancouver on Feb. 20, 2025. (Ethan Cairns/CBC) The ABC campaign has also faced controversy after Ralph Kaisers, the Vancouver Police Union president —currently on leave as he runs for council — had to apologize for using personal email addresses of union members to ask for their support. "He's apologized," said Carter. "I hope that everybody understands that that was just a mistake." ABC has also faced blowback after using its 2022 database to erect some 2,000 campaign signs on peoples' properties, despite some not wanting them. One instance was the property of Coun. Rebecca Bligh's parents. Bligh was recently ejected from the party. OneCity candidate Lucy Maloney said she views the ABC controversies as ongoing "contempt for rules," under the leadership of Mayor Ken Sim. "On April 5th, I'm asking for your vote, so I can keep him in check, hold him to account, and fight him when he tries to do more damage to the city we love," she said in a statement. Despite the negative attention, Carter said the party's candidates are being well received. "It gets difficult to go into a byelection and … read the incumbents. You're never quite sure how you're going to be received," he said. "But people have been very, very open to supporting Jaime and Ralph." Information on eligibility, and how and where to vote can be found on the city byelection web portal here.

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