'Blanket' forced treatment of involuntary psychiatric patients unconstitutional, B.C. court rules
A British Columbia court has ruled that the province's 'blanket' power to force psychiatric treatment on involuntary patients is unconstitutional. The judge found that the current Mental Health Act violates patient rights to equality and personal liberty, giving the government six months to amend the law.
Why it matters
This ruling sets a significant legal precedent for mental health care, balancing the state's interest in public safety with the fundamental human rights of psychiatric patients.
In a decision published Thursday , Justice Lauren Blake ruled provisions in the Mental Health Act violated both patients' Canadian Charter equality rights and rights to life, liberty and security of the person, and gave the province a six-month window to amend the legislation.
In her ruling, Blake found that under B.C.'s system, instead of narrowly-defined intrusions into patient's rights, mental health facility directors are "automatically granted a blanket power to provide any psychiatric treatment they determine appropriate to any involuntary patient in any situation."
The ruling comes as B.C. seeks to ramp up involuntary treatment for people with severe mental health conditions, substance use disorders and brain injuries.
B.C. to create new involuntary care beds in Prince George and Surrey
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