Radical change required: A roadmap for treatment under the Mental Health Act

Text in graphic blocks along the left that reads “Radical change required: A roadmap for treatment under the Mental Health Act. The BC Supreme Court’s decision highlights that discriminatory stereotypes have formed the foundation of the Mental Health Act. The law must be radically amended.” To the right of the text is an image of a person with long hair, wearing a jacket. They are facing away, walking across a crosswalk in a city.

Calls for sweeping increases in involuntary treatment focus narrowly on locking people in detention facilities away from public eye, with little attention paid to what happens next. Although these calls are framed as an act of “compassion”, they completely overlook how profoundly a person’s wellbeing and human rights are affected by the laws, procedures, and institutional culture that shape how involuntary treatment is actually experienced and how treatment decisions are actually made.

Once someone is detained under the Mental Health Act, what happens behind hospital doors matters.

People with lived and living experience of involuntary treatment, community organizations, and independent investigations into the involuntary treatment system have warned that BC’s approach behind those closed doors is archaic, discriminatory, and harmful to many of the very people the law is intended to help. These warnings were largely ignored or dismissed as anti-treatment, anti-psychiatry, or unfounded.

That changed in July 2026, when the BC Supreme Court found that BC’s approach to involuntary treatment violated sections 7 and 15 of the Canadian Charter of Rights and Freedoms. The decision not only affirms longstanding concerns raised by affected communities. It also documented in stark detail the nature and extent of the harm caused by BC’s approach.

Short fact sheet of the Court’s foundational findings available here.

Video summary of the Court’s decision available here.

In summary, it argued that BC’s approach violated the Charter because involuntary treatment is administered regardless of whether a person is capable of consenting or refusing that treatment, treatment directive made while a person is capable have no legal force for involuntary patients, and involuntary patients have no right to have the people who know them act as substitute decision-makers if they are not able to make their own decisions. Instead, the treatment team and detaining facility hold all decision-making power, also referred to as “deemed consent.”

Flow chart that shows the differences in the path of regular health care consent versus deemed consent.

After 34 days of trial, this is what the Court said about sections of the law that govern how involuntary treatment is delivered in BC:

  • They lead to patients experiencing “serious violence in the manner in which psychiatric treatment is administered, including restraint by multiple security guards, being placed in seclusion, being stripped of clothing, and being forcibly injected with mind-altering, antipsychotic medication.”[1]

  • They may be experienced as “abusive, humiliating, punitive and stigmatizing” and lead to patients “experiencing feelings of powerlessness, fear, mistrust, disempowerment, distress, helplessness, desperation, shame, degradation, rage, fear, sadness, loneliness, aggression, and disorientation.”[2]

  • As a whole, the deemed consent laws:

    • “completely eviscerate health care consent rights for involuntarily admitted patients”[3]

    • “Perpetuate the stereotype that individuals with mental disabilities lack the capacity to make informed decisions about their treatment”;[4]

    • “Reinforce, perpetuate, and exacerbate the longstanding marginalization and social exclusion of individuals with mental disabilities”[5]

The Court gave BC six months to amend the law to fix the Charter violations outlined in the decision. After six months, the Deemed Consent Laws will no longer have any force or authority unless BC applies to the Court and is granted an extension.

A roadmap for treatment under the Mental Health Act

Below is a roadmap that BC can follow to amend the Mental Health Act and create a consent and treatment approach that complies with the Charter, the Court’s findings, and best practices.

 

A rotten foundation requires radical change

The recent political focus on increasing involuntary treatment frames it as an act of “compassion,” but that rings hollow when no attention is paid to how it is delivered. The BC Supreme Court’s decision highlights that discriminatory stereotypes have formed the foundation of the Mental Health Act, resulting in immense harm and human rights violations. It emphasizes that the system has been built on a rotten foundation. People with lived and living experience have been clear: to provide truly compassionate services BC must radically amend the law to combat those stereotypes, comply with the Charter, and begin the long road of change.


Sources

  1. Council of Canadians with Disabilities v British Columbia (Attorney General), 2026 BCSC 1416 Para. 864

  2. Para. 539

  3. Para. 866

  4. Para. 965

  5. Para. 949

  6. Para. 977

  7. Para. 528

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