Involuntary patients who disagree with their admission can legally challenge their admission. One way to do this is to request a review panel hearing. The panel is independent. There are three people on the panel who will hear the case and decide if the patient still meets the criteria to be an involuntary patient. The hearing is free.
To apply for a hearing, involuntary patients can fill out Form 7: Application for Review Panel Hearing. Another person, such as a family member or supporter, can fill out and submit Form 7 on behalf of an involuntary patient.
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
When they apply for a hearing, involuntary patients can ask for free legal help from the Mental Health Law Program. The Program can connect the patient with an advocate or lawyer to represent them and help prepare their case.
Website: clasbc.net
E-mail: contact@clasbc.net
Phone (toll free): 1-888-685-6222
Comic Strip: What is a Review Panel Hearing?
Transcript: Title What is a Review Panel Hearing? Subtitle Involuntary patients under BC’s Mental Health Act have the right to apply for a Review Panel hearing Panel 1 Patient 1: Have you heard of a Review Panel hearing? Patient 2: It sounds familiar… Is that something legal? Panel 2 Patient 1: Yes. It's a way to challenge your status as an involuntary patient. You can request one! Patient 2: I’m allowed to do that? Panel 3 Patient 1: Allowed? It’s your legal right to request a Review Panel hearing! Panel 4 Patient 2: So, is it like court? Patient 1: Sort of. Like court, a hearing is a process to consider evidence and argument, and make a decision...but unlike court where a judge makes a decision, review panels have three people who decide together. Panel 5 Patient 2: Who are the three people deciding? Patient 1: They are from the Mental Health Review Board. Panel members are independent from the healthcare team, government, and facility. Panel 6 Patient 2: How do I request a Review Panel hearing? Patient 1: You can fill out a Form 7. Panel 7 Patient 1: On the Form 7, you can select who you want to represent you at a hearing. A legal representative from the Mental Health Law Program can help you prepare and make the case for you to be discharged by providing evidence and arguments at the hearing. Their service is free and confidential. Panel 8 Patient 3: What if I’m on extended leave? Can I still request a Review Panel hearing? Patient 1: Of course! All involuntary patients have the right to request a Review Panel hearing, not just those in facilities. Panel 9 Patient 3: Wow, I didn’t know this at all! How do I learn more? Patient 1: Have more questions? Ask to speak to a Rights Advisor!