Mental Health Act: Involuntarily Admitted Patients (14:VII) - Revision history

LSLAP: /* 4. Aiding Escapees */

2025-10-01T03:03:54Z

4. Aiding Escapees

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	=== 4. Aiding Escapees ===		=== 4. Aiding Escapees ===

	Under section 17 of the ''MHA'', any person who helps an individual leave or attempt to leave a mental health facility without proper authority, or who does or omits to do any act that assists a person in so leaving or attempting to leave, or who incites or counsels a patient to leave without proper authority, commits an offence under the Offence Act, RSBC 1996, c 338.		Under section 17 of the ''MHA'', any person who helps an individual leave or attempt to leave a mental health facility without proper authority, or who does or omits to do any act that assists a person in so leaving or attempting to leave, or who incites or counsels a patient to leave without proper authority, commits an offence under the ''Offence Act'', RSBC 1996, c 338.


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LSLAP at 17:57, 19 August 2025

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	{{REVIEWED LSLAP \| date= August 14, ~~2024~~}}		{{REVIEWED LSLAP \| date= August 20, 2025}}
	{{LSLAP Manual TOC\|expanded = mentalhealth}}		{{LSLAP Manual TOC\|expanded = mentalhealth}}

LSLAP at 17:45, 19 August 2025

2025-08-19T17:45:46Z

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LSLAP at 21:05, 21 August 2024

2024-08-21T21:05:30Z

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	{{REVIEWED LSLAP \| date= August 10, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 14, 2024}}
	{{LSLAP Manual TOC\|expanded = mentalhealth}}		{{LSLAP Manual TOC\|expanded = mentalhealth}}

LSLAP at 21:32, 14 August 2024

2024-08-14T21:32:50Z

LSLAP at 23:34, 5 August 2024

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	'''Involuntary Patient Status'''		'''Involuntary Patient Status'''

	Under section 25(2) of the ''MHA'', the Review Panel is authorized to determine whether the detention of the patient should continue. The patient’s detention must continue if sections 22(3)(a)(ii) and (c) continue to describe the patient. Section 22(3)(a)(ii) requires that the person or patient is a person with a mental disorder.		Under section 25(2) of the ''MHA'', the Review Panel is authorized to determine whether the detention of the patient should continue. The patient’s detention must continue if sections 22(3)(a)(ii) and (c) continue to describe the patient. Section 22(3)(a)(ii) requires that the person or patient is a person with a mental disorder.

	The MHA defines a person with a mental disorder as a person who has a disorder of the mind that requires treatment and seriously impairs the person’s ability to either react appropriately to the person’s environment or to associate with others. Section 22(3)(c) adds three more criteria that are required for involuntary patient status. That is, the patient is a person with a mental disorder who		The ''MHA'' defines a person with a mental disorder as a person who has a disorder of the mind that requires treatment and seriously impairs the person’s ability to either react appropriately to the person’s environment or to associate with others. Section 22(3)(c) adds three more criteria that are required for involuntary patient status. That is, the patient is a person with a mental disorder who

	:(i) requires treatment in or through a designated facility,		:(i) requires treatment in or through a designated facility,
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	A Review Panel hearing must be conducted notwithstanding any defects in authority (Forms 4.1 and 4.2 as well as Form 6) for the initial or renewed detention pursuant to section 22 of the ''MHA''.		A Review Panel hearing must be conducted notwithstanding any defects in authority (Forms 4.1 and 4.2 as well as Form 6) for the initial or renewed detention pursuant to section 22 of the ''MHA''.

			In ''[https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc464/2024bcsc464.html#_Toc161730437 AA v Lions Gate Hospital (Director)]'', 2024 BCSC 464, the BC Supreme Court finds that the four criteria above are insufficient for permanent detention of an individual. Rather, the court finds the ''MHA'' requires regular reviews to justify and reassess a patient’s status as involuntary. Once one or more of the four criteria are no longer met, a patient can no longer be involuntarily admitted.

	'''Compliance with Treatment Plans'''		'''Compliance with Treatment Plans'''

LSLAP at 23:28, 5 August 2024

2024-08-05T23:28:49Z

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	== C. Application for Long-Term Admissions ==		== C. Application for Long-Term Admissions ==

	A person can be admitted to a facility by the director of a provincial health facility on receipt of two medical certificates (Forms 4.1 and 4.2 under the ''MHR''), each completed by a physician or nurse practitioner in accordance with s 22(2), (3), and (5). The patient will be discharged one month after admittance unless the detention is renewed (Form 6 under the ''MHR'') in accordance with s 24 of the ''MHA''.		A person can be admitted to a facility by the director of a provincial health facility on receipt of two medical certificates (Forms 4.1 and 4.2 under the ''MHR''), each completed by a physician or nurse practitioner in accordance with section 22(2), (3), and (5). The patient will be discharged one month after admittance unless the detention is renewed (Form 6 under the ''MHR'') in accordance with section 24 of the ''MHA''.

	:'''NOTE''': Please note that Form 4 could be used instead of Forms 4.1 and 4.2. However, the old Form 4 will continue to be legally valid for physicians to complete '''until''' '''January 31st, 2024''', after which point Form 4.1 and Form 4.2 must be used.

	== D. Contents of Medical Certificates (''MHA'', s 22 (3)) ==		== D. Contents of Medical Certificates (''MHA'', s 22 (3)) ==

Clicklaw Editor: /* C. Application for Long-Term Admissions */

2023-08-15T19:50:17Z

C. Application for Long-Term Admissions

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	A person can be admitted to a facility by the director of a provincial health facility on receipt of two medical certificates (Forms 4.1 and 4.2 under the ''MHR''), each completed by a physician or nurse practitioner in accordance with s 22(2), (3), and (5). The patient will be discharged one month after admittance unless the detention is renewed (Form 6 under the ''MHR'') in accordance with s 24 of the ''MHA''.		A person can be admitted to a facility by the director of a provincial health facility on receipt of two medical certificates (Forms 4.1 and 4.2 under the ''MHR''), each completed by a physician or nurse practitioner in accordance with s 22(2), (3), and (5). The patient will be discharged one month after admittance unless the detention is renewed (Form 6 under the ''MHR'') in accordance with s 24 of the ''MHA''.

	'''NOTE''': Please note that Form 4 could be used instead of Forms 4.1 and 4.2. However, the old Form 4 will continue to be legally valid for physicians to complete '''until''' '''January 31st, 2024''', after which point Form 4.1 and Form 4.2 must be used.		:'''NOTE''': Please note that Form 4 could be used instead of Forms 4.1 and 4.2. However, the old Form 4 will continue to be legally valid for physicians to complete '''until''' '''January 31st, 2024''', after which point Form 4.1 and Form 4.2 must be used.

	== D. Contents of Medical Certificates (''MHA'', s 22 (3)) ==		== D. Contents of Medical Certificates (''MHA'', s 22 (3)) ==

LSLAP at 04:52, 11 August 2023

2023-08-11T04:52:47Z

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Clicklaw Editor: /* 1. Apprehension Without a Warrant */

2022-10-10T21:52:28Z

1. Apprehension Without a Warrant

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	=== 1. Apprehension Without a Warrant ===		=== 1. Apprehension Without a Warrant ===

	A patient, detained involuntarily in a mental health facility who leaves the facility without authorization is, within 48 hours of escape, liable to apprehension, notwithstanding that there has been no warrant issued (s 41).		A patient, detained involuntarily in a mental health facility who leaves the facility without authorization is, within 48 hours of escape, liable to apprehension, notwithstanding that there has been no warrant issued (''MHA'', s 41).

	=== 2. Warrant Constituting Authority for Apprehension ===		=== 2. Warrant Constituting Authority for Apprehension ===

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	== B. Short-Term and Emergency Admissions ==		== B. Short-Term and Emergency Admissions ==

	A person may be detained in a psychiatric facility upon the receipt of one medical certificate signed by a physician or nurse practitioner (''MHA'', s 22(1)). Such involuntary confinement can last for a maximum of 48 hours for the purposes of examination and treatment. A second medical certificate from another physician is required to detain the patient for longer than 48 hours (''MHA'', s 22(2)). As an alternative to the admissions criteria under the MHA, a patient may be given emergency treatment under section 12 of the ''HCCFA'' if they have not been involuntarily admitted. As of November 4, 2019, a person can also be admitted in the case of emergencies under section 24 of the ''HCCFA''.		A person may be detained in a psychiatric facility upon the receipt of one medical certificate signed by a physician or nurse practitioner (''MHA'', s 22(1)). Such involuntary confinement can last for a maximum of 48 hours for the purposes of examination and treatment. A second medical certificate from another physician is required to detain the patient for longer than 48 hours (''MHA'', s 22(2)). As an alternative to the admissions criteria under the ''MHA'', a patient may be given emergency treatment under section 12 of the ''HCCFA'' if they have not been involuntarily admitted. As of November 4, 2019, a person can also be admitted in the case of emergencies under section 24 of the ''HCCFA''.

	=== 1. Authority of a Police Officer ===		=== 1. Authority of a Police Officer ===
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	Pursuant to section 34 of the ''MHA'' and Form 13 under the ''MHR'', directors must fully inform patients orally and in writing of their s 10 ''Charter'' rights and of the ''MHA'' provisions relating to duration, review, and renewal of detention; review hearings; deemed consent and requests for second opinions; and, finally, court applications for discharge. Directors are bound to ensure that patients are able to understand these rights.		Pursuant to section 34 of the ''MHA'' and Form 13 under the ''MHR'', directors must fully inform patients orally and in writing of their s 10 ''Charter'' rights and of the ''MHA'' provisions relating to duration, review, and renewal of detention; review hearings; deemed consent and requests for second opinions; and, finally, court applications for discharge. Directors are bound to ensure that patients are able to understand these rights.

	British Columbia has also recently introduced legislation that will allow amendments to the MHA so that people involuntary admitted under the act will be given the option to meet with and access support from an independent rights advisor. This service is expected to be available in 2023 and will be delivered by a team of independent rights advisors who will provide information and answer questions regarding rights and obligations under the ''MHA''.		British Columbia has also recently introduced legislation that will allow amendments to the ''MHA'' so that people involuntary admitted under the act will be given the option to meet with and access support from an independent rights advisor. This service is expected to be available in 2023 and will be delivered by a team of independent rights advisors who will provide information and answer questions regarding rights and obligations under the ''MHA''.

	== H. Transfer of Patients or Extended Leave ==		== H. Transfer of Patients or Extended Leave ==

	Section 35 of the MHA gives the director authority to transfer a patient from one facility to another when the transfer is beneficial to the welfare of the patient. Under s 37, a patient may be given leave from the facility (no minimum or maximum periods are specified). Under s 38, a patient may also be transferred to an approved home under specific conditions.		Section 35 of the ''MHA'' gives the director authority to transfer a patient from one facility to another when the transfer is beneficial to the welfare of the patient. Under s 37, a patient may be given leave from the facility (no minimum or maximum periods are specified). Under s 38, a patient may also be transferred to an approved home under specific conditions.

	A person released from a provincial mental health facility on leave or transferred to an approved home is still considered to be admitted to that facility and held subject to the same provisions of law as if continuing to reside at the mental health facility (''MHA'' s 39(1)). The patient is still detained under the ''MHA'' and will be subjected to treatment authorized by the director, which is still deemed to be given with the consent of the patient. If the conditions of the leave or transfer are not met, the patient may be recalled to the facility they are on leave or were transferred from, or they may be sent to another authorized facility (''MHA'' s 39(2)). There is no statutory obligation on the facility to inform the patient that the leave is conditional or has expired, raising the possibility that a patient may unknowingly violate the terms of their leave.		A person released from a provincial mental health facility on leave or transferred to an approved home is still considered to be admitted to that facility and held subject to the same provisions of law as if continuing to reside at the mental health facility (''MHA'' s 39(1)). The patient is still detained under the ''MHA'' and will be subjected to treatment authorized by the director, which is still deemed to be given with the consent of the patient. If the conditions of the leave or transfer are not met, the patient may be recalled to the facility they are on leave or were transferred from, or they may be sent to another authorized facility (''MHA'' s 39(2)). There is no statutory obligation on the facility to inform the patient that the leave is conditional or has expired, raising the possibility that a patient may unknowingly violate the terms of their leave.
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	An involuntary patient is entitled to a Review Panel hearing before a Mental Health Review Board (MHRB). Generally, a patient is entitled to one hearing during each period of involuntary detention. The application for a Review Panel hearing may be made by the patient or by someone acting on the patient’s behalf (''MHA'', s 25). The application is completed by filling out an “Application for Review Panel Hearing” (Form 7 under the ''Mental Health Regulations''), Section 6 of the ''MHR'' sets out the requirements for scheduling a Review Panel hearing.		An involuntary patient is entitled to a Review Panel hearing before a Mental Health Review Board (MHRB). Generally, a patient is entitled to one hearing during each period of involuntary detention. The application for a Review Panel hearing may be made by the patient or by someone acting on the patient’s behalf (''MHA'', s 25). The application is completed by filling out an “Application for Review Panel Hearing” (Form 7 under the ''Mental Health Regulations''), Section 6 of the ''MHR'' sets out the requirements for scheduling a Review Panel hearing.

	A Review Panel hearing takes place before a MHRB panel of three people, which according to section 24.1(3) of the MHA, must include		A Review Panel hearing takes place before a MHRB panel of three people, which according to section 24.1(3) of the ''MHA'', must include
	* a medical practitioner or a person who has been a medical practitioner,		* a medical practitioner or a person who has been a medical practitioner,
	* a member in good standing with the Law Society of British Columbia (or a person with equivalent training) and		* a member in good standing with the Law Society of British Columbia (or a person with equivalent training) and