Legal Rights under the Mental Health Act
If you would like basic information about the rights of someone you are supporting under the Mental Health Act, you can review the materials found on the BC Mental Health Rights website linked below. Please note that some of the information is out of date and updated materials will be added to the Independent Rights Advice website when they are ready.
Website: bcmentalhealthrights.ca/
Mental Health Review Board
If someone you are supporting does not agree with a decision to admit them as an involuntary patient, they have a right to challenge their admission through a review panel hearing at the Mental Health Review Board. The review panel is independent. There are 3 people on the panel who will hear the case and decide if the individual still meets all 4 criteria to be an involuntary patient. The hearing is free.
To support an individual in applying for a hearing, fill out Form 7: Application for Review Panel Hearing.
You can contact the Mental Health Review Board for more information about hearings:
Website: bcmhrb.ca
E-mail: MHRBscheduling@gov.bc.ca
Phone (toll free): 1-833-660-2325
Legal Representation at Mental Health Review Board Hearings
Legal assistance is available for people who wish to have a review panel hearing. . If someone you are supporting would like to request free legal representation from the Mental Health Law Program, make sure that option is selected on the Form 7: Application for Review Panel Hearing. The Mental Health Law Program will provide an advocate or lawyer for representation at the hearing and to help prepare the case.
Website: clasbc.net
E-mail: contact@clasbc.net
Phone (toll free): 1-888-685-6222
Second medical opinions
The person you are supporting can ask for another opinion from a second doctor if there is a disagreement with treatment. This doctor will assess and give a second opinion on whether treatment is appropriate.
To request a second medical opinion, fill out Form 11: Request for Second Medical Opinion.
Concerns about the quality of care
Patient Care Quality Offices
If you or someone you are supporting would like to make a formal complaint regarding the quality of care they received, or would like more information about making a complaint, the Patient Care Quality Office can be contacted in your health authority.
For the contact information for the Patient Care Quality Office in your health authority, including phone numbers and e-mail address, see www.patientcarequalityreviewboard.ca/makecomplaint.html
Patient Care Quality Review Board
If you have supported someone in submitting concerns to the health authority’s Patient Care Quality Office and are not satisfied with how the complaint was handled or the response received, a request can be made that the Patient Care Quality Review Board look into the matter.
Website: www.patientcarequalityreviewboard.ca
E-mail: contact@patientcarequalityreviewboard.ca
Phone (toll free): 1-866-952-2448
BC Ombudsperson
The BC Ombudsperson is independent and can help with complaints about public bodies like a mental health facility.
Website: bcombudsperson.ca
E-mail: info@bcombudsperson.ca
Phone (toll free): 1-800-567-3247
If you are supporting someone receiving involuntary treatment and would like more information about additional resources, please provide your contact information and we will reach out to you.