View source for Governing Legislation and Resources for Mental Health (14:II)

{{LSLAP Manual TOC|expanded = mentalhealth}}

This chapter deals with the legal issues that may arise due to a person’s mental disorder. By ‘mental disorder’, we are referring to the range of illnesses and disorders dealt with by psychiatry. It is important to keep in mind that mental illness is not the same as mental incapacity. For legal matters concerning mental incapacity, please consult [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15: Guardianship]].

For purposes of this Chapter, the most important statute is the ''Mental Health Act'', RSBC 1996, c 288 [MHA]. Other legislation which may have  relevance is listed Part B of this introduction, “[[{{PAGENAME}}#B. Governing Legislation and Resources |Governing Legislation and Resources]]”. If you are asked for advice with respect to a person who has come into conflict with the law and shows signs of psychiatric disturbance, you may  also need to review the ''Forensic Psychiatry Act'', RSBC 1996, c 156 [FPA].

This chapter provides a very general overview of the rights of persons with mental illnesses, either as patients inside a mental health facility  or as persons outside such a facility. The discussion of mental health law is intended to provide the reader with a general framework to use to  offer advice, or as a basis for further research. An excellent resource for further information or referrals is the Community Legal Assistance Society (CLAS). CLAS runs a mental health law program that represents individuals at hearings before the BC Criminal Code Review Board, under Part XX.1 of the Mental Disorder provisions of the ''Criminal Code of Canada'' and the BC Mental Health Review Board under the MHA. BC Review  Board Hearings, and BC Mental Health Act tribunal hearings. CLAS also provides legal information and identifies potential test cases. See [[Referrals (22) | Chapter 22: Referrals]] for CLAS contact information.

== A. Client Intake ==

In BC there is a presumption that all adults are capable of making their own decisions unless the contrary is demonstrated. Behind a mental  disorder may be a person with a genuine legal issue that needs to be addressed. It is therefore important not to dismiss a person because they  have or are suspected of having a mental disorder. Listen to their story to assess whether a legal problem exists. 

A mental health diagnosis or suspected mental health problem does not necessarily mean that the adult is incapable of obtaining and instructing legal counsel. There is a different standard of capacity for each different legal act. For example, in order to make a will, the testator must know the natural objects of his or her bounty (i.e. the expected beneficiaries), understand the nature and extent of his or her property and to be able to combine these elements in order to rationally dispose of his or her property. However, the testator need not be able to conduct other business or legal transactions. On the other hand, in order to enter into a contract, the client must understand the nature and effect of the act and the business being transacted. 

The capacity required to instruct counsel requires that the client understand the roles of client and solicitor, can understand the information  relevant to making a decision and have the ability to appreciate the foreseeable consequences of that decision. Since this is a legal test,  students are unable to make this determination on their own. Any concerns should be brought to the program supervising lawyer’s attention. However, without meeting the client in person, the program supervising lawyer will be unable to make a capacity determination. Students are encouraged to contact CLAS for assistance and, if necessary, refer the client to CLAS or another legal service. 

Where no legal issue exists, remember that the client may be seeking help for a variety of matters from someone they feel they can trust. In these situations referrals to mental health services may be appropriate. You may also wish to provide mental health referrals, such as counselling, for clients to whom you are providing on-going legal assistance. Dealing with legal issues can be stressful and upsetting for all  people. Clients may find seeing a counsellor is a helpful way to develop emotional coping strategies, to pinpoint their ideal outcome from a legal process, and to organize their thoughts in order to provide clear and concise information and evidence in the legal process. 

== B. Governing Legislation and Resources ==

=== 1. Legislation ===

''Adult Guardianship Act'', RSBC 1996, c 6 [AGA]. 

''Adult Guardianship and Planning Statutes Amendment Act'', S.B.C 2007, c 34 [AGPSAA]. 

''Criminal Code of Canada'', R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [CCC]. 

''Forensic Psychiatry Act'', RSBC 1996 c 156 [FPA].

''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA]. 

''Mental Health Act'', RSBC 1996, c 288 [MHA].

''Mental Health Amendment Act'', S.B.C 1968, c 27 [MHAA]. 

''Patients Property Act'', RSBC 1996, c 349 [PPA]. 

''Power of Attorney Act'', RSBC 1996, c 370 [PAA]. 

''Public Guardian and Trustee Act'', RSBC 1996, c 38 [PGTA]. 

''Representation Agreement Act'', RSBC 1996 c 405 [RAA] 

=== 2. Resources ===

==== a) Counselling Services ====

Counselling is an invaluable resource for those experiencing distress resulting from legal issues. Some counsellors may also provide  integrated case management for people that are suffering from more severe disorders and require greater support. 

'''City University Community Counselling Clinic'''

{{ResourcesLSLAP
| resource_description = Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.
| address = Broadway Youth Resource Centre (BYRC) <br /> 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| phone = (604) 709-5729 <br /> Fax: (604) 709-5721
| online = [http://www.pcrs.ca Website]
}}

'''Peace Portal Counselling Centre'''

{{ResourcesLSLAP
| resource_description = Provides professional counselling services, including services of a clinical psychologist. Office is wheelchair accessible to serve clients from Abbotsford, Delta, Langley, Surrey, and White Rock. Evening appointments are available two days per week.
| address = c/o Peace Portal Alliance Church <br /> 15128 27B Avenue <br /> Surrey, BC V4P 1P2
| phone = (604) 542-2501 <br /> Fax: (604) 542-2504
| online = [http://www.peaceportalalliance.com/ Website] <br /> Email: counselling@peaceportalalliance.com
}}

'''New Westminster UBC Counselling Centre'''

{{ResourcesLSLAP
| resource_description = Provides personal and career counselling from counsellors in training. Appointments are available days and evenings from '''September to June'''. Priority is given to New Westminster residents, but all lower mainland residents are welcome. They do not charge a fee for their services.
| address = University of British Columbia <br /> 821 8th Street <br /> New Westminster, BC V3M 3S9
| phone = (604) 525-6651 <br /> Fax: (604) 517-6102
}}

'''Oak Counselling Services Society'''

{{ResourcesLSLAP
| resource_description = Offers professionally-supervised counselling for issues such as grief, relationships and life transitions. Fees are based on a sliding scale, ranging upwards from $10 per session.
| address = 949 West 49th Avenue <br /> Vancouver, BC V5Z 2T1
| phone = Voicemail: (604)-266-5611 <br /> Fax: (604) 261-7205
| online = [http://www.oakcounselling.org/ Website] <br /> E-mail: info@oakcounselling.org
}}

==== b) Others ====

'''ARA Mental Health Action Research and Advocacy Association of Greater Vancouver'''

{{ResourcesLSLAP
| resource_description = Advocates for people with mental health concerns, addressing issues including income assistance, tenancy, employment, education, medical/dental, substance abuse, appeals and tribunals.
| address = 163 W Pender <br /> Vancouver, BC V6B 1S4
| phone = (604) 689-7938 <br /> Toll-free: 1-866-689-7938 <br /> Fax: (604) 689-7318
| online = [http://www.aramentalhealth.org/ Website] <br /> Email: advocacy@aramentalhealth.org
}}

'''Disability Alliance BC (formerly BC Coalition of People with Disabilities)'''

{{ResourcesLSLAP
| resource_description = <br /> 
*A self-help umbrella group that raises public awareness of issues affecting people with disabilities. 
*A great resource for people with any type of disability (mental or physical) that can provide help with a wide range of legal and non-legal issues. 
*Clients should contact the Advocacy Access number, below.
| phone = (604) 875-0188 <br /> TTY: (604) 875-8835 <br /> Toll-free: 1-800-663-1278
| online = [http://www.bccpd.bc.ca Website]
}}

'''Disability Alliance BC Advocacy Access team'''

{{ResourcesLSLAP
| resource_description = Informs people with disabilities of their legal and social rights, provides lawyer referrals in disputes and holds educational workshops.
| phone = (604) 872-1278 <br /> Toll-free: 1-800-663-1278
}}

'''B.C Human Rights Clinic'''

{{ResourcesLSLAP
| resource_description = Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
| phone = (604) 622-1100 <br /> Toll-free: 1-855-685-6222 <br /> Fax: (604) 685-7611
| online = [http://www.bchrcoalition.org Website]
}}

'''British Columbia Review Board'''

{{ResourcesLSLAP
| resource_description = Makes review dispositions where individuals charged with criminal offences have been given verdicts of not criminally responsible on account of mental disorder or unfit to stand trial on account of mental disorder, by a court.
| phone = (604) 660-8789 <br /> Toll-Free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| online = [http://www.bcrb.bc.ca Website]
}}

'''Canadian Mental Health Association, BC Division'''

{{ResourcesLSLAP_phoneonline
| phone = (604) 688-3234 <br /> Toll-free: 1-800-555-8222 <br /> Fax: (604) 688-3236
| online = [http://www.cmha.bc.ca/ Website] <br /> Email: info@cmha.bc.ca 
}}

'''Community Legal Assistance Society (CLAS)’s Mental Health Law Program'''

{{ResourcesLSLAP
| resource_description = <br />
*Provides information on civil commitment, procedure, the rights of mental patients and the MHA amendments. Other CLAS programs provide free legal services in specific areas such as tenants’ rights, E.I., W.BC and human rights. 
*Provides representatives at tribunal hearings under the MHA and under the ''Criminal Code'' mental disorder provisions.
| phone = (604) 685-3425 <br /> Fax: (604) 685-7611
| online = [http://www.clasbc.net/ Website]
}}

'''COAST Foundation Society'''

{{ResourcesLSLAP
| resource_description = Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.
| phone = (604) 872-3502 <br /> Toll-Free: 1-877-602-6278 <br /> Fax: 604-879-2363
| online = [http://www.coastmentalhealth.com Website] <br /> Email: info@coastmentalhealth.com
}}

'''Crisis Centre of Greater Vancouver'''

{{ResourcesLSLAP
| resource_description = 24 hour hotline that provides emotional support for clients in distress and refers them to other resources for food, shelter,  counselling and legal advice. '''Please note this is not a counselling hotline.'''
| phone = (604) 872-3311 <br /> Toll-free: 1-800-SUICIDE (784-2433)
}}

'''[http://www.justice.gc.ca/eng/ Department of Justice]'''
*Website contains all federal statutes and links to related sites.

'''[http://www.health.gov.bc.ca/mhd/mentalhealthact.html Guide to the Mental Health Act]'''

'''The Kettle Friendship Society'''

{{ResourcesLSLAP
| resource_description = A non-profit agency providing support and services to those suffering from mental illness. Services include providing housing  assistance, employment advocacy and an on-site health clinic. 
| address = 1725 Venables St. <br /> Vancouver, BC V5L 2H3
| phone = (604) 251-2801 <br /> Fax: 604-251-6354
| online = [http://www.thekettle.ca Website]
}}

'''Mental Health Review Board'''

{{ResourcesLSLAP
| resource_description = <br />
*Responsible for conducting reviews of involuntarily admitted patients.
*Website provides FAQ, Rules, and other helpful links.
| phone = (604) 660-2325
| online = [http://www.mentalhealthreviewboard.gov.bc.ca/ Website]
}}

'''[http://www.health.gov.bc.ca/mhd/mental_health_act_forms.html Ministry of Health Services]'''
*Provides downloadable ''Mental Health Act'' forms on their website.

'''Motivation, Power, and Achievement Society (MPA)'''

{{ResourcesLSLAP
| resource_description = Offers information, counselling and representation for Review panels. 
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| online = [http://www.mpa-society.org Website]
}}

'''MPA Court Services'''

{{ResourcesLSLAP
| resource_description = Court workers assist clients with a mental health disability during the criminal court process. Clients may also be assisted  following court appearances (e.g. with bail or probation orders).
| phone = (604) 688-3417 <br /> Vancouver area: (604) 660-4292 <br /> Surrey area: (604) 572-2405
}}

'''[http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry]'''

*A non-profit organization that provides information about personal planning, specializing in Representation Agreements and operates a centralized  Registry for personal planning documents. 
*Website includes self-help guides and templates.

'''Public Guardian and Trustee of BC (PGT)'''

{{ResourcesLSLAP
| resource_description = <br />
*An independent, impartial public official and Officer of the Court who serves to  balance protection with autonomy and to ensure people may live as they choose with the support of family and friends. 
*Offers '''Child and Youth Services'''; namely upholds and protects the rights of those under the age of 19 by reviewing all personal injury settlements, legal contracts, trusts and estates involving minors and ensuring that children are properly represented in all legal matters that affect their lives.
*Acts as guardian of estate for children who are in provincial government care and for those undergoing adoption.
*'''Services to Adults''' are primarily to uphold the rights of adults who are unable to manage their own affairs. This role includes helping them with financial and legal matters and supporting their lifestyle and health care decisions. 
*'''Estate Administration''' settles the estates of deceased persons when there is no named executor or when there is no one willing or able to act as executor. This includes securing assets, settling debts and claims against the estate and identifying and locating heirs and beneficiaries.
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| online = [http://www.trustee.bc.ca Website]
}}

'''Planned Lifetime Advocacy Network (PLAN)'''

{{ResourcesLSLAP
| resource_description = Provides advocacy services and up-to-date legal information on wills and estates, trustees and financial planning. Also, works with families in developing personal support networks for relatives with disabilities and provides advocacy and monitoring services for families whose parents have passed away
| phone = (604) 439-9566 <br /> Fax: (604) 439-7001
| online = [http://www.plan.ca Website]
}}

'''Vancouver Mental Health Emergency Services'''

{{ResourcesLSLAP
| resource_description = <br />
*A partnership between Vancouver Coastal Health and the Vancouver Police Department that provides rapid assistance in cases of mental health-related emergencies within the city limits of Vancouver 
*Offers a 24 hour Crisis Line and can provide specially trained police and nurse services when necessary 
| phone = (604) 874-7307 or via 911
}}