B.C. Supreme Court strikes down parts of Mental Health Act allowing treatment without consent

The B.C. Supreme Court has ruled that portions of the province's Mental Health Act that allow patients to receive psychiatric treatment without their consent are unconstitutional, giving the provincial government six months to amend the legislation.

Justice Lauren Blake found that British Columbia was the only province in Canada where patients could be subjected to psychiatric treatment without an assessment of their decision-making capacity. The court concluded that the provisions violate constitutional protections.

The ruling comes as the B.C. government is pursuing plans to expand involuntary care for people with severe mental health conditions, substance use disorders and acquired brain injuries.

The legal challenge was launched nearly a decade ago by the Council of Canadians with Disabilities. The court's decision requires the province to revise the legislation within six months.

Following the ruling, Surrey-Cloverdale MLA Elenore Sturko criticized the governing NDP, saying the government had failed to take meaningful action to protect the rights of people requiring involuntary care despite the case being before the courts for years. Connect Newsroom has not seen an immediate response from the provincial government to Sturko's comments.