Charter challenge to B.C.’s Mental Health Act being heard in court [Video]

A Charter challenge to B.C.’s Mental Health Act, over a provision that groups say denies patients the ability to consent to treatment, is now being heard in B.C. Supreme Court nearly a decade after it was first filed.

The challenge, filed by the Council of Canadians with Disabilities and other plaintiffs, was first made in 2016 over the act’s “deemed consent” provision, which states that anyone with involuntary status under the law is presumed to have agreed to psychiatric treatment.

The first hearing day was Thursday, and those involved say it’s likely to continue for several weeks.

Supporters of the challenge say that deemed consent removes safeguards that ensure a patient is being treated humanely, and violates the Charter’s rights to life, liberty and security for everyone.

They argue that B.C. having a deemed consent provision makes it unique among Canadian provinces and jurisdictions worldwide, and that it deprives patients of the …

Tags Canadian, CDN News, Health, Health Canada