Significant Charter Win For The Council Of Canadians With Disabilities

McCarthy Tétrault represented the Council of Canadians with Disabilities (“CCD”) in a successful Charter challenge to the involuntary treatment regime under British Columbia’s Mental Health Act. The Supreme Court of British Columbia held that the regime established by the Mental Health Act was unconstitutional—a significant victory for persons living with mental disabilities in British Columbia and confirmation of the Charter’s strong protection for healthcare decision-making autonomy.

Under the Mental Health Act and related legislation, individuals involuntarily detained for treatment lack the health care consent rights enjoyed by all other British Columbians. Involuntary patients do not have the right to give, refuse, or revoke consent to psychiatric treatment—even if they are capable of making treatment decisions while detained (as some are). Further, involuntary patients cannot appoint a representative or rely on a family member or friend to serve as a substitute