By The Canadian Press

‘Outdated’ Mental Health Act sparks charter challenge in B.C. courtroom

Sep 13, 2016 | 10:51 AM

VANCOUVER — Legal documents have been filed in B.C. Supreme Court in Vancouver, alleging a provincial law used to justify treatment of mentally ill people violates the charter.

The Council of Canadians with Disabilities and two plaintiffs, 66-year-old Louise MacLaren and a 24-year-old identified only as D.C., are demanding changes to B.C.’s Mental Health Act.

The council says patients involuntarily detained under the act do not have the right to give or refuse consent to any psychiatric treatment.

The suit says patients are legally “deemed to consent” to treatments ranging from forcible medication to electroconvulsive therapy, and cannot select a substitute decision maker, such as a family member, to give or refuse consent on their behalf.

Council spokeswoman Melanie Benard says B.C. is the only province to retain the “deemed to consent” model and the outdated legislation also violates United Nations conventions regarding people with disabilities.

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The case is being handled by lawyers from the Community Legal Assistance Society, including Laura Johnston, who says many people refuse or delay seeking care because they fear losing all control of their treatment under the Mental Health Act.

“This law equates having mental health problems with being mentally incompetent to make decisions.” she says.

Johnston says that is a prejudiced and inaccurate assumption and it has no place in the laws of Canada.