Mental Health Law and Legal Rights (14:IV) - Revision history

LSLAP at 17:57, 19 August 2025

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LSLAP at 01:39, 19 August 2025

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	[https://www.canlii.org/en/on/onca/doc/1991/1991canlii2728/1991canlii2728.html?resultIndex=1 ''Fleming v Reid''], (1991) OR (2d) 169 at paras 52–59 addressed the impact of section 7 on provisions of Ontario’s mental health legislation. Mentally competent involuntary patients refused treatment despite their doctors’ opinion that treatment would be in their best interests. The provisions of Ontario’s ''Mental Health Act'', RSO 1980, c 262 allowed a Review Board to override treatment refusals issued by a substitute consent-giver based on the patient’s prior competent wishes. The Court held that these provisions violated the right to security of the person and were not in accordance with the principles of fundamental justice. However, this case has not influenced the application of BC’s mental health legislation to date.		[https://www.canlii.org/en/on/onca/doc/1991/1991canlii2728/1991canlii2728.html?resultIndex=1 ''Fleming v Reid''], (1991) OR (2d) 169 at paras 52–59 addressed the impact of section 7 on provisions of Ontario’s mental health legislation. Mentally competent involuntary patients refused treatment despite their doctors’ opinion that treatment would be in their best interests. The provisions of Ontario’s ''Mental Health Act'', RSO 1980, c 262 allowed a Review Board to override treatment refusals issued by a substitute consent-giver based on the patient’s prior competent wishes. The Court held that these provisions violated the right to security of the person and were not in accordance with the principles of fundamental justice. However, this case has not influenced the application of BC’s mental health legislation to date.

	In [https://www.canlii.org/en/ca/scc/doc/2006/2006scc7/2006scc7.html?resultIndex=1 ''Mazzei v British Columbia (Director of Adult Forensic Psychiatric)''], 2006 SCC 7 at paras 46–47 [Mazzei], it was decided that the Review Boards under Part XX.1, Mental Disorder provisions of the ~~‘‘Criminal Code’’~~ of Canada have the power to issue binding orders to parties other than the accused. This power can be exercised on the director of a hospital who is party to the proceedings; although the Review Board cannot dictate a specific treatment, it can impose conditions regarding treatment. This power was granted to ensure that treatments are culturally appropriate. In Mazzei, conditions were imposed regarding drug and alcohol rehabilitation to ensure that the process was appropriately adjusted to the individual’s First Nations’ ancestry.		In [https://www.canlii.org/en/ca/scc/doc/2006/2006scc7/2006scc7.html?resultIndex=1 ''Mazzei v British Columbia (Director of Adult Forensic Psychiatric)''], 2006 SCC 7 at paras 46–47 [Mazzei], it was decided that the Review Boards under Part XX.1, Mental Disorder provisions of the ''Criminal Code'' of Canada have the power to issue binding orders to parties other than the accused. This power can be exercised on the director of a hospital who is party to the proceedings; although the Review Board cannot dictate a specific treatment, it can impose conditions regarding treatment. This power was granted to ensure that treatments are culturally appropriate. In Mazzei, conditions were imposed regarding drug and alcohol rehabilitation to ensure that the process was appropriately adjusted to the individual’s First Nations’ ancestry.

	A more recent Supreme Court decision, [https://www.canlii.org/en/ca/scc/doc/2010/2010scc22/2010scc22.html?resultIndex=1 ''R v Conway''], 2010 SCC 22 at para 78 [''Conway''] responded to the issue of whether the Ontario Review Board (ORB) has the authority to grant remedies per section 24(1) of the ~~‘‘Charter’’~~, under the mental disorder provisions of the ~~‘‘Criminal Code’’~~. The challenge was brought by Paul Conway, an individual found not responsible by reason of a mental disorder in 1983. He argued that his treatment and detention violated his ~~‘‘Charter’’~~ rights, and therefore entitled him to an absolute discharge. The Supreme Court developed a test to determine whether an administrative tribunal is authorized to grant ~~‘‘Charter’’~~ remedies. The Supreme Court ruled that pursuant to section 24(1), the ORB is a “court of competent jurisdiction”, but that an absolute discharge was not a remedy that could be granted by the ORB under that particular circumstance. Ultimately, the Conway decision affirms the application of the ~~‘‘Charter’’~~ to administrative tribunals, including the ~~‘‘Criminal Code’’~~ of Canada, Part XX.1 (Mental disorder provisions) provincial Review Boards, which includes the British Columbia Review Board (BCRB). However, this decision limits the scope of available remedies under section 24(1) to those that have been specifically granted to a given body by the legislature. In Conway, the Review Board could make a determination that the provision was unconstitutional but did not have the authority to strike it down.		A more recent Supreme Court decision, [https://www.canlii.org/en/ca/scc/doc/2010/2010scc22/2010scc22.html?resultIndex=1 ''R v Conway''], 2010 SCC 22 at para 78 [''Conway''] responded to the issue of whether the Ontario Review Board (ORB) has the authority to grant remedies per section 24(1) of the ''Charter'', under the mental disorder provisions of the ''Criminal Code''. The challenge was brought by Paul Conway, an individual found not responsible by reason of a mental disorder in 1983. He argued that his treatment and detention violated his ''Charter'' rights, and therefore entitled him to an absolute discharge. The Supreme Court developed a test to determine whether an administrative tribunal is authorized to grant ''Charter'' remedies. The Supreme Court ruled that pursuant to section 24(1), the ORB is a “court of competent jurisdiction”, but that an absolute discharge was not a remedy that could be granted by the ORB under that particular circumstance. Ultimately, the Conway decision affirms the application of the ''Charter'' to administrative tribunals, including the ''Criminal Code'' of Canada, Part XX.1 (Mental disorder provisions) provincial Review Boards, which includes the British Columbia Review Board (BCRB). However, this decision limits the scope of available remedies under section 24(1) to those that have been specifically granted to a given body by the legislature. In Conway, the Review Board could make a determination that the provision was unconstitutional but did not have the authority to strike it down.

	The case [https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html?resultIndex=1 ''Canada (Attorney General) v Downtown East Side Sex Workers United against Violence Society''], 2012 SCC 45 at paras 73–74 opened the door for groups of individuals to bring ~~‘‘Charter’’~~ challenges. In this case, the Supreme Court of Canada granted sex workers public standing as a group to bring ~~‘‘Charter’’~~ challenges. This decision impacts people with mental health disorders by enabling patients that are detained in mental health facilities to bring ~~‘‘Charter’’~~ challenges as a group, rather than being forced to do so on an individual basis. Additionally, organizations can begin an action on behalf of a group of vulnerable people if there is no other way for the issue to be brought before a court.		The case [https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html?resultIndex=1 ''Canada (Attorney General) v Downtown East Side Sex Workers United against Violence Society''], 2012 SCC 45 at paras 73–74 opened the door for groups of individuals to bring ''Charter'' challenges. In this case, the Supreme Court of Canada granted sex workers public standing as a group to bring ''Charter'' challenges. This decision impacts people with mental health disorders by enabling patients that are detained in mental health facilities to bring ''Charter'' challenges as a group, rather than being forced to do so on an individual basis. Additionally, organizations can begin an action on behalf of a group of vulnerable people if there is no other way for the issue to be brought before a court.

	== K. Legal Rights of Those in Group Homes ==		== K. Legal Rights of Those in Group Homes ==

LSLAP at 01:38, 19 August 2025

2025-08-19T01:38:20Z

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LSLAP at 01:32, 19 August 2025

2025-08-19T01:32:07Z

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	== C. Employment Insurance ==		== C. Employment Insurance ==

	Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the Employment Insurance Act, SC 1996, c 23 is a complex piece of legislation detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g., CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[~~https://wiki.clicklaw.bc.ca/index.php/Introduction_to_Employment_Insurance_~~(8:I)\|'''Chapter 8: Employment Insurance''']].		Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the Employment Insurance Act, SC 1996, c 23 is a complex piece of legislation detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g., CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[Introduction to Employment Insurance (8:I)\|'''Chapter 8: Employment Insurance''']].

	== D. Canada Pension Plan ==		== D. Canada Pension Plan ==

LSLAP at 01:31, 19 August 2025

2025-08-19T01:31:39Z

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	If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, CPP disability benefits, or WCB benefits if the mental illness is work-related. For information on CPP disability benefits, see Section IV.D: Canada Pension Plan, below. Please be advised there are strict time limits for applying for these benefits.		If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, CPP disability benefits, or WCB benefits if the mental illness is work-related. For information on CPP disability benefits, see Section IV.D: Canada Pension Plan, below. Please be advised there are strict time limits for applying for these benefits.

	If a person is hospitalized in a psychiatric facility because of an injury at work, they may be eligible for WCB benefits. Please contact the Workers Advisory Group through CLAS for more information or refer to [[Introduction to Workers' Compensation (7:I)\|Chapter 7: Workers’ Compensation]].		If a person is hospitalized in a psychiatric facility because of an injury at work, they may be eligible for WCB benefits. Please contact the Workers Advisory Group through CLAS for more information or refer to [[Introduction to Workers' Compensation (7:I)\|'''Chapter 7: Workers’ Compensation''']].

	== C. Employment Insurance ==		== C. Employment Insurance ==

LSLAP at 01:31, 19 August 2025

2025-08-19T01:31:04Z

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	== C. Employment Insurance ==		== C. Employment Insurance ==

	Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the Employment Insurance Act, SC 1996, c 23 is a complex piece of legislation detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g., CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[https://wiki.clicklaw.bc.ca/index.php/Introduction_to_Employment_Insurance_(8:I)\|Chapter 8: Employment Insurance]].		Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the Employment Insurance Act, SC 1996, c 23 is a complex piece of legislation detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g., CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[https://wiki.clicklaw.bc.ca/index.php/Introduction_to_Employment_Insurance_(8:I)\|'''Chapter 8: Employment Insurance''']].

	== D. Canada Pension Plan ==		== D. Canada Pension Plan ==

LSLAP at 01:30, 19 August 2025

2025-08-19T01:30:08Z

LSLAP at 21:05, 21 August 2024

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LSLAP at 18:17, 11 August 2023

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	* other types of hostile, disruptive behaviour.		* other types of hostile, disruptive behaviour.

	~~This~~ definitions, and others, can be sourced from the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html IRCC website].		These definitions, and others, can be sourced from the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html IRCC website].

	== J. The ''Charter'' ==		== J. The ''Charter'' ==

LSLAP at 17:55, 11 August 2023

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	== E. Driving ==		== E. Driving ==

	A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny licences to those deemed “unfit” under section 92 of the ''Motor Vehicle Act'', RSBC 1996, c 318. This decision is based on the ~~Canadian Council of Motor Transport Administrators (CCMTA) Medical Standards with BC Specific Guidelines (the guidelines could be accessed at~~ https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards). Each section describes the medical condition(s) under evaluation, the potential effect of the condition(s) on driving ability, and guidelines for assessing driving ability.		A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny licences to those deemed “unfit” under section 92 of the ''Motor Vehicle Act'', RSBC 1996, c 318. This decision is based on the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards Canadian Council of Motor Transport Administrators (CCMTA) Medical Standards with BC Specific Guidelines]. Each section describes the medical condition(s) under evaluation, the potential effect of the condition(s) on driving ability, and guidelines for assessing driving ability.

	Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment.		Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment.

	It is important to note that individuals who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1 ~~https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1]~~.		It is important to note that individuals who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1.

	A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required.		A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required.

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	== A. Income Assistance ==		== A. Income Assistance ==

	Mentally ill persons may be eligible for benefits under the “Persons with ~~Disabilities“~~ (PWD) or “Persons with Persistent and Multiple Barriers to ~~Employment“~~ (PPMB) designations. Qualification requirements are strict, but decisions concerning eligibility can be negotiated with the Ministry of Employment and Income Assistance, and~~, if need~~ be, appealed. Generally, a doctor must fill out a specific form indicating that the person qualifies. Disability Alliance BC assists with applications and appeals (for further details, see [[Introduction to Welfare (21:I) \| '''Chapter 21: Welfare Law''']]). There may be strict deadlines for these applications, so it is important to avoid ~~delay in these cases~~.		Mentally ill persons may be eligible for benefits under the “Persons with Disabilities” (PWD) or “Persons with Persistent and Multiple Barriers to Employment” (PPMB) designations. Qualification requirements are strict, but decisions concerning eligibility can be negotiated with the Ministry of Employment and Income Assistance, and may be appealed if needed. Generally, a doctor must fill out a specific form indicating that the person qualifies. Disability Alliance BC assists with applications and appeals (for further details see [[Introduction to Welfare (21:I)\|'''Chapter 21: Welfare Law''']]). There may be strict deadlines for these applications, so it is important to avoid delays.

	== B. Employment/Disability Income ==		== B. Employment/Disability Income ==

	If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, or CPP disability benefits, or WCB benefits if the mental illness is work related. For information on CPP disability benefits, see ~~[[{{PAGENAME}}#D. Canada Pension Plan \| '''~~Section IV.D: Canada Pension Plan~~''']]~~, below. Please be advised ~~that~~ there are strict time limits ~~involved when~~ applying for these benefits.		If a person cannot work because of mental health issues, the person may be entitled to employment insurance, disability benefits, CPP disability benefits, or WCB benefits if the mental illness is work-related. For information on CPP disability benefits, see Section IV.D: Canada Pension Plan, below. Please be advised there are strict time limits for applying for these benefits.

	If a person is hospitalized in a psychiatric facility because of an injury at work, they may be eligible for WCB benefits. Please contact the Workers Advisory Group through CLAS for more information, or refer to [[Introduction to Workers' Compensation (7:I) \| ~~'''~~Chapter 7: ~~Workers'~~ Compensation~~'''~~]].		If a person is hospitalized in a psychiatric facility because of an injury at work, they may be eligible for WCB benefits. Please contact the Workers Advisory Group through CLAS for more information or refer to [[Introduction to Workers' Compensation (7:I)\|Chapter 7: Workers’ Compensation]].

	== C. Employment Insurance ==		== C. Employment Insurance ==

	Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the ''Employment Insurance Act'', SC 1996, c 23 is a complex piece of legislation, detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g. CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[~~Introduction to Employment Insurance~~ (8:I) \| ~~'''~~Chapter 8: Employment Insurance~~'''~~]].		Individuals who are voluntarily or involuntarily admitted to a psychiatric facility may still be eligible to collect Employment Insurance benefits. However, the Employment Insurance Act, SC 1996, c 23 is a complex piece of legislation detailing numerous requirements to qualify for benefits (e.g. number of hours worked, previous claims, unemployment rate, etc.). If a person is denied benefits, it is best to consult a lawyer with specific expertise in these areas (e.g., CLAS). Be aware that there may be strict timelines in applying for benefits or appealing a denial of benefits. For more information, please consult [[https://wiki.clicklaw.bc.ca/index.php/Introduction_to_Employment_Insurance_(8:I)\|Chapter 8: Employment Insurance]].

	== D. Canada Pension Plan ==		== D. Canada Pension Plan ==

	Long-term patients may apply for disability pensions. A claim takes four or five months to process. Hospitalization does not affect a person’s right to collect a pension and it is possible to receive CPP benefits for periods of hospitalization. Disability Alliance BC assists people with these applications if they reside in the community. Those who are hospitalized should contact the hospital social worker to assist with these applications as soon as possible, as strict time limits may apply.		Long-term patients may apply for disability pensions. A claim takes four or five months to process. Hospitalization does not affect a person’s right to collect a pension, and it is possible to receive CPP benefits for periods of hospitalization. Disability Alliance BC assists people with these applications if they reside in the community. Those who are hospitalized should contact the hospital social worker to assist with these applications as soon as possible, as strict time limits may apply.

	== E. Driving ==		== E. Driving ==

	A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny ~~licences~~ to those deemed “unfit” under section 92 of the ''Motor Vehicle Act'', RSBC 1996, c 318. This decision is based on the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards ~~Canadian Council of Motor Transport Administrators (CCMTA~~) ~~Medical Standards with BC Specific Guidelines]~~. Each section describes the medical condition(s) under evaluation, the potential effect of the condition(s) on driving ability, and guidelines for assessing driving ability.		A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny licenses to those deemed “unfit” under section 92 of the Motor Vehicle Act, RSBC 1996, c 318. This decision is based on the Canadian Council of Motor Transport Administrators (CCMTA) Medical Standards with BC Specific Guidelines (the guidelines could be accessed at https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards). Each section describes the medical condition(s) under evaluation, the potential effect of the condition(s) on driving ability, and guidelines for assessing driving ability.

	Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment.		Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment.

	~~It is important to note that individuals~~ who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1.		Individuals who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1.

	A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required.		A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required.

	== F. The Right to Vote ==		== F. The Right to Vote ==

	Both voluntary and involuntary patients in mental health facilities have the right to vote. This has been the case since ''[https://canlii.ca/t/~~jqrtx Canada (~~Canadian Disability Rights Council) v Canada]'' (1988), 3 ~~F.C~~ 622, where it was decided that a person is not disqualified from voting on the basis that a committee has been appointed for them. Polling stations are normally set up at long-term psychiatric care facilities~~; because~~ enumeration ~~also~~ takes place at the facility, patients must vote in the riding where the hospital is located.		Both voluntary and involuntary patients in mental health facilities have the right to vote. This has been the case since [https://www.canlii.org/en/ca/fct/doc/1988/1988canlii9443/1988canlii9443.html ''Canadian Disability Rights Council v Canada''] (1988), 3 FC 622, where it was decided that a person is not disqualified from voting on the basis that a committee has been appointed for them. Polling stations are normally set up at long-term psychiatric care facilities. Because enumeration takes place at the facility, patients must vote in the riding where the hospital is located.

	== G. Human Rights Legislation ==		== G. Human Rights Legislation ==