
Getting legal help:
Legal and complaint resources for people impacted by the Mental Health Act
Health Justice is unable to provide any legal or advocacy services to individuals. If you or someone you know is looking for information about legal rights or complaints processes related to an experience under the Mental Health Act, please see the options below.
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If you are looking for options as a current involuntary patient under the Mental Health Act
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If you are looking for options to do something about a negative experience with the Mental Health Act
Information for current involuntary patients under the Mental Health Act
The following resources may help you find legal information, legal advice, and legal representation if you or someone you are supporting is currently an involuntary patient (certified) under the BC Mental Health Act.
Legal Information about Your Rights
The Independent Rights Advice Service provides information to people who are detained and experiencing involuntary treatment under the Mental Health Act in BC. This information helps people understand what their legal rights are and how they can act on those rights. For booking an appointment, see their Booking a Rights Advice meeting page. For eligibility for this service, see this page. Their website has more information about the service and resources on rights under the Mental Health Act.
Legal Advice about Your Options
Involuntary patients have a right to access a lawyer and to challenge their detention under the Mental Health Act in court. If you are detained or receiving involuntary treatment under BC's Mental Health Act or another law Legal Aid BC may be able to connect you with a lawyer for legal advice about your options and legal representation for court procedures. Legal Aid BC gives priority to people with low incomes, but many services are available to everyone in BC. You can get more information and apply for legal aid by calling 604-408-2172 or 1-866-577-2525.
Legal Representation at a Review Panel Hearing
Involuntary patients can challenge their detention under the Mental Health Act by applying for a review panel hearing held by the independent body, the Mental Health Review Board. You can apply for a review panel hearing by completing a Form 7 - Application for Review Panel Hearing and returning it to the Mental Health Review Board.
If you already have an upcoming review panel hearing with the Mental Health Review Board, you may be able to access free legal representation from an advocate or lawyer at the Community Legal Assistance Society. You can find more information about your eligibility for legal representation on the Community Legal Assistance Society’s website or by calling 604-685-3425 or toll free 1-888-685-6222.
Resources to Represent Yourself at a Review Panel Hearing
If you are going to represent yourself at a review panel hearing with the Mental Health Review Board, you will find more information about hearings and how to prepare on the Mental Health Review Board’s website. The Community Legal Assistance Society has also produced a short self-help guide to help you prepare for review panels called “So You are Going to a Review Panel”.
Options to address negative experiences under the Mental Health Act
The following resources may help you find information and resources if you or someone you are supporting is looking for options to address negative experiences while an involuntary patient (certified) under the BC Mental Health Act.
Independent Offices
Ombudsperson
The Ombudsperson is an independent office that works to make sure public services and public sector organizations are treating people fairly and following the rules. The Ombudsperson may investigate a complaint about how you were treated as an involuntary patient, for example, if the facility did not follow the requirements of the Mental Health Act. You can find more information on the Ombudsperson’s website or by calling 250-387-5855 or toll-free 1-800-567-3247.
Representative for Children and Youth
The Representative for Children and Youth is an independent office that may be able to advocate on behalf of children, youth, and young adults to improve their understanding of and access to certain services. You can find more information on the Representative for Children and Youth’s website or by calling 1-800-476-3933.
Police Complaints
Municipal Police
The Office of the Police Complaint Commissioner is an independent office that reviews complaints about the conduct of a municipal police officer or department, such as the Vancouver Police Department or the Abbotsford Police Department. You can find more information on the Office of the Police Complaint Commissioner’s website or by calling 250-356-7458 or toll-free 1-877-999-8707.
RCMP
The Civilian Review and Complaints Commission is an independent agency that reviews complaints made by the public about the on-duty conduct of RCMP officers. You can find more information on the Civilian Review and Complaints Commission’s website.
Legal Advice or Action
Community Legal Assistance Society
The Community Legal Assistance Society is a non-profit law firm that provides free legal services to people who are disadvantaged or face discrimination. They provide some programs or services that may provide some guidance about your legal options if you have a negative experience under the Mental Health Act, for example, if someone wanted to learn more about filing a human rights complaint after an experience of racism while detained as an involuntary patient. You can find more information on the Community Legal Assistance Society’s website or by calling 604-685-3425 or toll-free 1-888-685-6222.
Access Pro Bono
Access Pro Bono is a non-profit organization that connects people with free legal advice and representation. If you meet Access Pro Bono's financial eligibility criteria, you can book a free 15 minute appointment with a lawyer through the Summary Advice Program. To book a clinic appointment, please call the Access Pro Bono client line at 604-878-7400 or toll-free 1-877-762-6664 or fill out Access Pro Bono's Online Triage Form.
Access Pro Bono may also be able to connect you with a lawyer for free legal representation in some situations. You can find more information about Access Pro Bono’s roster of volunteer lawyers on Access Pro Bono’s website or by calling 604-878-7400 or toll-free 1-877-762-6664.
Access Pro Bono also operates the Lawyer Referral Service. Anyone who does not meet Access Pro Bono's financial eligibility criteria can call the Lawyer Referral Service for a referral to a BC lawyer who will provide a 30 minute free legal consultation. You can access the Lawyer Referral Service on Access Pro Bono’s website by calling 604-687-3221.
Professional Colleges
College of Physicians and Surgeons of British Columbia
The College of Physicians and Surgeons of British Columbia regulates the practice of medicine and its mandate is to protect the public. All practicing doctor in the province must be registered with the College. You can make a complaint about the conduct of a doctor and the College may investigate. You can find more information on the College of Physicians and Surgeons of British Columbia’s website or by calling 604-733-7758 or toll-free 1-800-461-3008.
British Columbia College of Nurses and Midwives
The British Columbia College of Nurses and Midwives regulates the nursing and midwifery professions and its mandate is to protect the public. You can make a complaints about the conduct of a nurse or midwife and the College may investigate. You can find more information on the British Columbia College of Nurses and Midwives’ website or by calling 604-742-6200 or toll-free 1-866-880-7101.
British Columbia College of Social Workers
The British Columbia College of Social Workers regulates the profession of social workers and its mandate is to protect the public. You can make a complaint about the conduct of a social worker and the College may investigate. You can find more information on the British Columbia College of Social Workers’ website or by calling 604-737-4916.
Other
Office of the Seniors Advocate
The Office of the Seniors Advocate reports directly to the Ministry of Health. The Office of the Seniors Advocate monitors and analyzes seniors services and issues in BC and may provide information and referrals for individuals who are navigating seniors services and tracks their concerns, which helps inform future work. You can find more information on the Seniors Advocate website or by calling 1-877-952-3181.
Office of the Advocate for Service Quality
The Office of the Advocate for Service Quality reports directly to the Minister of Social Development and Poverty Reduction. Their office’s goal is to get quality service from Community Living BC, government, and communities agencies for:
Adults with a developmental disability (this includes Autism Spectrum Disorder and Fetal Alcohol Spectrum Disorder)
Teens with a developmental disability who are almost an adult
Teens with special needs
Family members and others who support a person with a developmental disability
You can find more information on the Office of the Advocate for Service Quality’s website or by calling 604-775-1238 or 1-800-663-7867.
Patient Care Quality Office
Each health authority has an internal office called a Patient Care Quality Office that can investigate concerns about services provided by health authority. You can find contact information
Patient Care Quality Review Board
After a Patient Care Quality Office has looked into a complaint, if you still have outstanding concerns, you can request a review from the Patient Care Quality Review Board. You can find more information about the Patient Care Quality Review Board’s website or by calling 1-866-952-2448.