Mental Health Act Rights Advice Service

Consultation has concluded

Project Update - May 5, 2022

A project update from VCH’s Community Engagement Team:

Province announces new service clarifying rights under the Mental Health Act

The Province has introduced legislation that will help people experiencing a mental-health crisis better understand their rights and the supports available to them. The legislation will allow amendments to the Mental Health Act so that people involuntarily admitted under the act can access support from an independent rights advisor.

British Columbia’s Mental Health Act allows people with a severe mental-health disorder to be admitted and treated at designated mental-health facilities to prevent the person’s substantial mental or physical deterioration, or for the person’s own protection, or the protection of others. Under the act, involuntary patients must be informed of their rights when they are involuntarily admitted, transferred to another designated facility, or when their involuntary status is renewed. As part of this process, involuntary patients will now have the option to meet with a rights advisor. The service, which is expected to be available in 2023, will be primarily virtual, using videoconferencing and phones. Some in-person services will be available in certain circumstances. Services will be delivered by a team of independent rights advisors who will provide information and answer questions about rights and options under the Mental Health Act. Read more about the provinces recent announcement here.

The Community Engagement Team at VCH sincerely thanks those who participated in related engagements hosted on behalf of the Province. Your input has helped shape perspectives and considerations for the Province’s approach and recent announcement to clarifying rights under the Mental Health Act.

Feedback like your helps make health services better. Regularly check the engage.vch.ca webpage for opportunities to provide your input.

If you have any questions, please send us an email at ce@vch.ca.

Project Background

The BC Ministry of Attorney General, in partnership with the Ministry of Health and the Ministry of Mental Health and Addictions, is seeking individuals and families with lived/living experience of the involuntary mental health system in British Columbia to participate in a consultation on a potential rights advice service for individuals involuntarily detained under the Mental Health Act.

In many other Canadian provinces, when individuals are involuntarily detained under mental health legislation, they have the right to speak with a rights advisor. The role of the rights advisor typically involves describing what involuntary status means, explaining individual rights and options (e.g. right to a second medical opinion, right to a review board hearing), and helping the individual to exercise these rights. In line with recommendations from the BC Ombudsperson and the Representative for Children and Youth, the BC Government is currently exploring options to introduce a similar rights advice service in British Columbia.

Who do we need to hear from?

We are seeking input from 5-10 persons with lived or living experience (either personal lived experience or as a family member / caregiver) of the involuntary mental health system in B.C.

The engagement will include questions on scope of the service, rights advisor qualifications, modes of communication, role of family / caregivers, notification requirements, service availability, access to information and accessibility. A list of discussion questions will be sent to participants in advance of each consultation.

Honorarium: The Ministry of Health will provide a $25 honorarium.

How will your input be used?

Input from the engagement will inform recommendations for the design and implementation of the rights advice service to ensure it is appropriate and accessible to individuals from diverse backgrounds. Interviews will begin the week of May 31. Project leads are hoping to receive final input by June 18.

Engagement will be in the format of either small meetings or individual interviews. If interested, please complete the short form below, and someone from the engagement team will contact you shortly.

Project Update - May 5, 2022

A project update from VCH’s Community Engagement Team:

Province announces new service clarifying rights under the Mental Health Act

The Province has introduced legislation that will help people experiencing a mental-health crisis better understand their rights and the supports available to them. The legislation will allow amendments to the Mental Health Act so that people involuntarily admitted under the act can access support from an independent rights advisor.

British Columbia’s Mental Health Act allows people with a severe mental-health disorder to be admitted and treated at designated mental-health facilities to prevent the person’s substantial mental or physical deterioration, or for the person’s own protection, or the protection of others. Under the act, involuntary patients must be informed of their rights when they are involuntarily admitted, transferred to another designated facility, or when their involuntary status is renewed. As part of this process, involuntary patients will now have the option to meet with a rights advisor. The service, which is expected to be available in 2023, will be primarily virtual, using videoconferencing and phones. Some in-person services will be available in certain circumstances. Services will be delivered by a team of independent rights advisors who will provide information and answer questions about rights and options under the Mental Health Act. Read more about the provinces recent announcement here.

The Community Engagement Team at VCH sincerely thanks those who participated in related engagements hosted on behalf of the Province. Your input has helped shape perspectives and considerations for the Province’s approach and recent announcement to clarifying rights under the Mental Health Act.

Feedback like your helps make health services better. Regularly check the engage.vch.ca webpage for opportunities to provide your input.

If you have any questions, please send us an email at ce@vch.ca.

Project Background

The BC Ministry of Attorney General, in partnership with the Ministry of Health and the Ministry of Mental Health and Addictions, is seeking individuals and families with lived/living experience of the involuntary mental health system in British Columbia to participate in a consultation on a potential rights advice service for individuals involuntarily detained under the Mental Health Act.

In many other Canadian provinces, when individuals are involuntarily detained under mental health legislation, they have the right to speak with a rights advisor. The role of the rights advisor typically involves describing what involuntary status means, explaining individual rights and options (e.g. right to a second medical opinion, right to a review board hearing), and helping the individual to exercise these rights. In line with recommendations from the BC Ombudsperson and the Representative for Children and Youth, the BC Government is currently exploring options to introduce a similar rights advice service in British Columbia.

Who do we need to hear from?

We are seeking input from 5-10 persons with lived or living experience (either personal lived experience or as a family member / caregiver) of the involuntary mental health system in B.C.

The engagement will include questions on scope of the service, rights advisor qualifications, modes of communication, role of family / caregivers, notification requirements, service availability, access to information and accessibility. A list of discussion questions will be sent to participants in advance of each consultation.

Honorarium: The Ministry of Health will provide a $25 honorarium.

How will your input be used?

Input from the engagement will inform recommendations for the design and implementation of the rights advice service to ensure it is appropriate and accessible to individuals from diverse backgrounds. Interviews will begin the week of May 31. Project leads are hoping to receive final input by June 18.

Engagement will be in the format of either small meetings or individual interviews. If interested, please complete the short form below, and someone from the engagement team will contact you shortly.