Governing Legislation and Resources for Mental Health (14:II): Difference between revisions

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{{REVIEWED LSLAP | date= August 20, 2025}}
{{LSLAP Manual TOC|expanded = mentalhealth}}
{{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]].
== A. Legislation ==


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


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


== A. Client Intake ==
Bill 23, ''Mental Health Amendment Act'', 2022 (assented to 2 June 2022), SBC 2022, c 17.


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


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


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


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


== B. Governing Legislation and Resources ==
''Mental Health Amendment Act'', S.B.C 1968, c 27 [''MHAA''].


=== 1. Legislation ===
''Mental Health Regulations'', B.C Reg. 233/99; O.C. 869/99; B.C. Reg. 96/2018, May 15, 2018


''Adult Guardianship Act'', RSBC 1996, c 6 [AGA].  
''Patients Property Act'', RSBC 1996, c 349 [''PPA''].
''Power of Attorney Act'', RSBC 1996, c 370 [''PAA''].


''Adult Guardianship and Planning Statutes Amendment Act'', S.B.C 2007, c 34 [AGPSAA].  
''Public Guardian and Trustee Act'', RSBC 1996, c 383 [''PGTA''].


''Criminal Code of Canada'', R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [CCC].
''Representation Agreement Act'', RSBC 1996 c 405 [''RAA'']


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


''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA].  
=== 1. Crisis Resources ===


''Mental Health Act'', RSBC 1996, c 288 [MHA].
==== Crisis Centre of Greater Vancouver ====
*Website: https://crisiscentre.bc.ca/
*Toll-free: 1-800-SUICIDE (784-2433)
*Telephone: (604) 872-3311
*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.


''Mental Health Amendment Act'', S.B.C 1968, c 27 [MHAA].  
==== Vancouver Coastal Regional Distress Line ====
*Phone: 604-872-3311
*Toll-free: 1 (866) 661-3311
*TTY: 1 (866) 872-0113
*This service is delivered by professionally trained volunteers. The crisis line serves all communities within the Vancouver Coastal Health Region.


''Patients Property Act'', RSBC 1996, c 349 [PPA].  
==== Kids Help Phone ====
*Website: https://kidshelpphone.ca          
*Telephone: 1(800)-668-6868
*Text: 686868
*Kids Help Phone is Canada’s only 24/7 e-mental health service offering free, confidential support to young people in English and French.
*If young people need help right now, they can text a trained, volunteer crisis responder at Kids Help Phone about anything they’re going through. No issue is too big or too small.
*Young people can work with a professional counsellor at Kids Help Phone over the phone or through online chat to better understand what they’re going through.


''Power of Attorney Act'', RSBC 1996, c 370 [PAA].  
=== 2. Counselling Services ===


''Public Guardian and Trustee Act'', RSBC 1996, c 38 [PGTA].  
Counselling is an invaluable resource for those experiencing distress resulting from legal issues. Some counsellors may also provide integrated case management for those suffering from more severe disorders and requiring greater support.


''Representation Agreement Act'', RSBC 1996 c 405 [RAA]
==== Broadway Youth Resource Centre (BYRC) ====
*2455 Fraser Street, Vancouver, BC V5T 0E6
*Telephone: (604) 709-5720
*Fax: (604) 709-5721
*Email: byrc@pcrs.ca
*Website: https://pcrs.ca/service-resource-centres/broadway-youth-resource-centre-2/
*Offers counselling and support services in areas of youth and family, anger management, addiction, housing, employment, sexual orientation and/or gender identity. These services are offered without charge.


=== 2. Resources ===
==== Foundry BC ====
*Website: https://foundrybc.ca
*Central Office email: info@foundrybc.ca
*Foundry is a province-wide network of integrated health and wellness services for young people ages 12-24.
*Foundry’s integrated services make it possible for young people to access five core services in one convenient location: mental health care, substance use services, physical and sexual health care, youth and family peer supports, and social services.
*Young people can access integrated services by walking into one of our 16 local Foundry centres, exploring online tools and resources at foundrybc.ca, or connecting virtually through the free Foundry BC app.


==== a) Counselling Services ====
==== Other Counselling Options ====  
*Website: https://willowtreecounselling.ca/wp-content/themes/willowtree/reduced-cost-counselling.pdf
*This PDF provides an excellent list of options for reduced cost counselling services, compiled by Megan Sutherland of Willow Tree Counselling (https://willowtreecounselling.ca/).


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.  
=== 3. Advocacy Resources ===


'''City University Community Counselling Clinic'''
====Access Pro Bono (Greater Vancouver and Victoria)====
*300 – 845 Cambie St., Vancouver, BC V6B 4Z9
*Toll-free: 1-877-762-6664
*Website: www.accessprobono.ca/
*Provides advice on rights pertaining to mental health law upon appointment.
*May be available for habeas corpus applications, section 33 applications under the ''MHA'', as well as applications for judicial review of Mental Health Review Board hearing decisions.


{{ResourcesLSLAP
====Peer Navigator Program (Canadian Mental Health Association)====
| resource_description = Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.
*110 – 2425 Quebec St., Vancouver, BC V5T 4L6
| address = Broadway Youth Resource Centre (BYRC) <br /> 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
*Telephone: (604) 872-3148
| phone = (604) 709-5729 <br /> Fax: (604) 709-5721
*Email: peer.navigator@cmha.bc.ca
| online = [http://www.pcrs.ca Website]
*Website: https://vancouver-fraser.cMHA.bc.ca/programs-services/peer-navigator/
}}
*Provides peer-based support on a wide breadth of issues surrounding mental health, housing, income assistance, legal aid and community connections.


'''Peace Portal Counselling Centre'''
====Disability Alliance BC====
*1450-605 Robson St., Vancouver, BC V6B 5J3
*TTY: (604) 875-8835
*Toll-free: 1-800-663-1278
*Website: https://disabilityalliancebc.org/
*A self-help umbrella group that raises public awareness about issues affecting people with disabilities.
*Their Disability Law Clinic (DLC) Legal Services program provides free and confidential summary advice and referral services on issues pertaining to accessibility laws, discrimination/human rights, access to services, and accommodation in the workplace.
*A great resource for people with any type of disability (mental or physical) that can provide assistance with a wide range of legal and non-legal issues.
*Clients should contact the Advocacy Access number, provided above.


{{ResourcesLSLAP
====B.C Human Rights Clinic (CLAS)====
| 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.
*1140 West Pender St., Vancouver, BC V6E 4G1            
| address = c/o Peace Portal Alliance Church <br /> 15128 27B Avenue <br /> Surrey, BC V4P 1P2
*Telephone: (604) 622-1100
| phone = (604) 542-2501 <br /> Fax: (604) 542-2504
*Toll-free: 1-855-685-6222
| online = [http://www.peaceportalalliance.com/ Website] <br /> Email: counselling@peaceportalalliance.com
*Fax: (604) 685-7611
}}
Website: https://bchrc.net/            
*Provides informational services and an advocacy program to protect human rights and prevent discrimination.


'''New Westminster UBC Counselling Centre'''
====Community Legal Assistance Society (CLAS)’s Mental Health Law Program====
*1140 West Pender St., Vancouver, BC V6E 4G1            
*Telephone: (604) 685-3425           
*Fax: (604) 685-7611
*Website: www.clasbc.net/
*Provides representation for involuntarily detained patients who have tribunal hearings either under the ''MHA'' or the mental disorder provisions of the ''Criminal Code''. Other CLAS programs provide free legal services in areas such as housing, workers’ rights, E.I., sexual harassment in the workplace, and human rights.


{{ResourcesLSLAP
====COAST Foundation Society====
| 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.
*293 East 11th Ave, Vancouver, BC V5T 2C4
| address = University of British Columbia <br /> 821 8th Street <br /> New Westminster, BC V3M 3S9
*Email: info@coastmentalhealth.com            
| phone = (604) 525-6651 <br /> Fax: (604) 517-6102
*Telephone: (604) 872-3502
| online =
*Website: www.coastmentalhealth.com            
}}
*Toll-Free: 1-877-602-6278            
*Fax: 604-879-2363
*Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.


'''Oak Counselling Services Society'''
====Kettle Friendship Society====
*1725 Venables Street, Vancouver, BC V5L 2H3
*Telephone: (604) 251-2801
*Fax: 604-251-6354
*Website: www.thekettle.ca
*A non-profit agency providing support and services to those suffering from mental illness. Services include housing assistance, employment advocacy, and an on-site health clinic.


{{ResourcesLSLAP
====Legal Aid BC====
| 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.
*400-510 Burrard St., Vancouver, BC V6C 3A8            
| address = 949 West 49th Avenue <br /> Vancouver, BC V5Z 2T1
*Telephone: (604)-408-2172
| phone = Voicemail: (604)-266-5611 <br /> Fax: (604) 261-7205
*Toll-free: 1-866-577-2525
| online = [http://www.oakcounselling.org/ Website] <br /> E-mail: info@oakcounselling.org
*Website: www.legalaid.bc.ca/
}}
*Legal Aid BC is a provincial Crown Corporation. LABC was created by the Legal Services Society (LSS) Act in 1979 to provide legal information, advice, and representation services. Their priority is to serve the interests of people experiencing barriers accessing the legal system. Some of the services are available to all British Columbians.
*Clients can get legal representation if they face prison issues for which the Charter of Rights and Freedoms provides the right to a lawyer.


==== b) Others ====
====Motivation, Power, and Achievement Society (MPA)====
*122 Powell St., Vancouver, BC V6A 1G1
*Telephone: (604) 482-3700    
*Fax: (604) 738-4132
*Court Services: (604) 688-3417’
*Website: www.mpa-society.org    
*Offers information, counselling, and representation for Review Panels.
*The Court Services Program assists clients who have a mental health disability during the criminal court process. Clients may also be assisted following court appearances (e.g., with bail or probation orders). 


'''ARA Mental Health Action Research and Advocacy Association of Greater Vancouver'''
====Nidus Personal Planning Resource Centre and Registry====
 
*Website: https://www.nidus.ca/  
{{ResourcesLSLAP
*A non-profit organization that provides information about personal planning, specializing in Representation Agreements, and operates a centralized Registry for personal planning documents.
| resource_description = Advocates for people with mental health concerns, addressing issues including income assistance, tenancy, employment, education, medical/dental, substance abuse, appeals and tribunals.
*Website includes self-help guides and templates.
| 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.
| address =  
| 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.
| address =
| phone = (604) 872-1278 <br /> Toll-free: 1-800-663-1278
| online =
}}
 
'''B.C Human Rights Clinic'''
 
{{ResourcesLSLAP
| resource_description = Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
| address =
| 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.
| address =
| 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.
| address =
| 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.
| address =
| 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.'''
| address =
| phone = (604) 872-3311 <br /> Toll-free: 1-800-SUICIDE (784-2433)
| online =
}}
 
'''[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'''
====Independent Rights Advice Service (IRAS)====
*Website: https://irasbc.ca/the-service/#
*The Independent Rights Advice Service (IRAS) helps people who are detained and experiencing involuntary treatment under the ''Mental Health Act'' in BC.
*The Service connects you with a Rights Advisor, who provides information on legal rights as an involuntary patient, and how to act on those rights.
*Patients can talk to a Rights Advisor through a Rights Advice meeting, which is private.
*Patients can request a Rights Advice meeting by speaking to their treatment team.


{{ResourcesLSLAP
===4. Government Resources===
| resource_description = <br />
*Responsible for conducting reviews of involuntarily admitted patients.
*Website provides FAQ, Rules, and other helpful links.
| address =  
| 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]'''
====British Columbia Review Board====
*Provides downloadable ''Mental Health Act'' forms on their website.
*Website: http://www.bcrb.ca            
*Telephone: (604) 660-8789            
*Toll-Free: 1-877-305-2277            
*Fax: (604) 660-8809
*Makes review dispositions where individuals charged with criminal offences have been given verdicts of “Not Criminally Responsible” (NCR) on account of mental disorder or “Unfit to Stand Trial” UST on account of mental disorder, by a court.


'''Motivation, Power, and Achievement Society (MPA)'''
====Canadian Mental Health Association, BC Division ====
*905-1130 West Pender St            
*Vancouver, BC V6E 4A4
*Telephone: (604) 688-3234            
*Toll-free: 1-800-555-8222
*Fax: (604) 688-3236
*Email: info@cmha.bc.ca            
*Website: www.cmha.bc.ca/            
*Provides recovery-focused programs and services to promote good mental health and includes resources for youth and adults.


{{ResourcesLSLAP
====Department of Justice ====
| resource_description = Offers information, counselling and representation for Review panels.
*Website: https://www.justice.gc.ca/eng/
| address =  
*The Department of Justice website contains all federal statutes, information about the Canadian justice system, and links to related websites.
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| online = [http://www.mpa-society.org Website]
}}


'''MPA Court Services'''
====Guide to the ''Mental Health Act''====
*Website: https://www.health.gov.bc.ca/library/publications/year/2005/guide-mental-health-act.pdf
*Provides plain-language explanations regarding the ''MHA'' and its implications for those who are impacted by it.


{{ResourcesLSLAP
====Representing Clients Impacted by Coercive Mental Health and Substance Use Health Laws: Legal Research and *Resource Guide====
| 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).
*Website: https://www.healthjustice.ca/for-lawyers-legal-advocates          
| address =
*A guide by Health Justice that provides an overview of legal research and resources for lawyers and advocates to represent affected clients.
| phone = (604) 688-3417 <br /> Vancouver area: (604) 660-4292 <br /> Surrey area: (604) 572-2405
*Downloadable PDF is available at the above link.
| online =
}}


'''[http://www.nidus.ca Nidus Personal Planning Resource Centre and Registry]'''
====Mental Health Review Board====
 
*Website: https://www.bcmhrb.ca/  
*A non-profit organization that provides information about personal planning, specializing in Representation Agreements and operates a centralized  Registry for personal planning documents.
*Telephone: (604) 660-2325
*Website includes self-help guides and templates.
*Responsible for conducting reviews of involuntarily admitted patients under the ''MHA''. Their website provides frequently asked questions, rules, and other helpful links.


'''Public Guardian and Trustee of BC (PGT)'''
====Ministry of Health Services====
*Website: https://www2.gov.bc.ca/gov/content/health/health-forms/mental-health-forms
*Downloadable ''MHA'' forms are available on their website.


{{ResourcesLSLAP
====Public Guardian and Trustee of BC (PGT)====
| resource_description = <br />
*700-808 West Hastings
*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.  
*Vancouver, BC V6C 3L3
*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.
*Telephone: (604) 660-4444 
*Fax: (604) 660-0374
*Website: http://www.trustee.bc.ca
*An independent, impartial public official and Officer of the Court who serves to balance protection with autonomy and to ensure that 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 by ensuring that children are properly represented in all legal matters.  
*Acts as guardian of estate for children who are in provincial government care and for those undergoing adoption.
*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.  
*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
*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.
| address =
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| online = [http://www.trustee.bc.ca Website]
}}


'''Planned Lifetime Advocacy Network (PLAN)'''
====Planned Lifetime Advocacy Network (PLAN)====
*205-175 East Broadway St            
*Vancouver, BC V5T 1W2
*Telephone: (604) 439-9566           
*Fax: (604) 439-7001
*Website: www.plan.ca
*Provides advocacy services and up-to-date legal information on wills and estates, trustees, and financial planning. PLAN 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.


{{ResourcesLSLAP
====Representative for Children and Youth (RCYBC) ====
| 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
*Website: https://rcybc.ca/
| address =  
*Telephone: 1-800-476-3933
| phone = (604) 439-9566 <br /> Fax: (604) 439-7001
*Supports children, youth, and some young adults receiving services or programs provided for or funded by the government, including addiction services, mental health services, and children and youth with special needs. 
| online = [http://www.plan.ca Website]
}}


'''Vancouver Mental Health Emergency Services'''
====Vancouver Access & Assessment Centre (AAC)====
*Website: http://www.vch.ca/locations-services/result?res_id=1186
*Telephone: 1-604-675-3700
*Located at Vancouver General Hospital, the AAC offers short term treatment on-site, by telephone, and by mobile response. Clinical staff, including registered nurses, social workers, and psychiatrists, provide 24/7 support, stabilization, and crisis management to clients.
*To be eligible for this service, clients need to be 17 years of age or older, and a resident of Vancouver.


{{ResourcesLSLAP
{{LSLAP Manual Navbox|type=chapters8-14}}
| 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
| address =
| phone = (604) 874-7307 or via 911
| online =
}}

Latest revision as of 17:56, 19 August 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 20, 2025.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
14. Mental Health Law
 · I. Introduction

 · II. Governing Legislation & Resources
 · III. Theory and Approach
 · IV. Legal Rights
 · V. Patient Admission
 · VI. Consent to Medical Treatment
 · VII. Involuntarily Admitted Patients
 · VIII. Mental Health Act and Youth
 · IX. Criminal Code
 · X. Complaints

 · XI. References
v • d • e



A. Legislation

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

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

Bill 23, Mental Health Amendment Act, 2022 (assented to 2 June 2022), SBC 2022, c 17.

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

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].

Mental Health Regulations, B.C Reg. 233/99; O.C. 869/99; B.C. Reg. 96/2018, May 15, 2018

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 383 [PGTA].

Representation Agreement Act, RSBC 1996 c 405 [RAA]

B. Resources

1. Crisis Resources

Crisis Centre of Greater Vancouver

  • Website: https://crisiscentre.bc.ca/
  • Toll-free: 1-800-SUICIDE (784-2433)
  • Telephone: (604) 872-3311
  • 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.

Vancouver Coastal Regional Distress Line

  • Phone: 604-872-3311
  • Toll-free: 1 (866) 661-3311
  • TTY: 1 (866) 872-0113
  • This service is delivered by professionally trained volunteers. The crisis line serves all communities within the Vancouver Coastal Health Region.

Kids Help Phone

  • Website: https://kidshelpphone.ca
  • Telephone: 1(800)-668-6868
  • Text: 686868
  • Kids Help Phone is Canada’s only 24/7 e-mental health service offering free, confidential support to young people in English and French.
  • If young people need help right now, they can text a trained, volunteer crisis responder at Kids Help Phone about anything they’re going through. No issue is too big or too small.
  • Young people can work with a professional counsellor at Kids Help Phone over the phone or through online chat to better understand what they’re going through.

2. Counselling Services

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

Broadway Youth Resource Centre (BYRC)

  • 2455 Fraser Street, Vancouver, BC V5T 0E6
  • Telephone: (604) 709-5720
  • Fax: (604) 709-5721
  • Email: byrc@pcrs.ca
  • Website: https://pcrs.ca/service-resource-centres/broadway-youth-resource-centre-2/
  • Offers counselling and support services in areas of youth and family, anger management, addiction, housing, employment, sexual orientation and/or gender identity. These services are offered without charge.

Foundry BC

  • Website: https://foundrybc.ca
  • Central Office email: info@foundrybc.ca
  • Foundry is a province-wide network of integrated health and wellness services for young people ages 12-24.
  • Foundry’s integrated services make it possible for young people to access five core services in one convenient location: mental health care, substance use services, physical and sexual health care, youth and family peer supports, and social services.
  • Young people can access integrated services by walking into one of our 16 local Foundry centres, exploring online tools and resources at foundrybc.ca, or connecting virtually through the free Foundry BC app.

Other Counselling Options

3. Advocacy Resources

Access Pro Bono (Greater Vancouver and Victoria)

  • 300 – 845 Cambie St., Vancouver, BC V6B 4Z9
  • Toll-free: 1-877-762-6664
  • Website: www.accessprobono.ca/
  • Provides advice on rights pertaining to mental health law upon appointment.
  • May be available for habeas corpus applications, section 33 applications under the MHA, as well as applications for judicial review of Mental Health Review Board hearing decisions.

Peer Navigator Program (Canadian Mental Health Association)

Disability Alliance BC

  • 1450-605 Robson St., Vancouver, BC V6B 5J3
  • TTY: (604) 875-8835
  • Toll-free: 1-800-663-1278
  • Website: https://disabilityalliancebc.org/
  • A self-help umbrella group that raises public awareness about issues affecting people with disabilities.
  • Their Disability Law Clinic (DLC) Legal Services program provides free and confidential summary advice and referral services on issues pertaining to accessibility laws, discrimination/human rights, access to services, and accommodation in the workplace.
  • A great resource for people with any type of disability (mental or physical) that can provide assistance with a wide range of legal and non-legal issues.
  • Clients should contact the Advocacy Access number, provided above.

B.C Human Rights Clinic (CLAS)

  • 1140 West Pender St., Vancouver, BC V6E 4G1
  • Telephone: (604) 622-1100
  • Toll-free: 1-855-685-6222
  • Fax: (604) 685-7611

Website: https://bchrc.net/

  • Provides informational services and an advocacy program to protect human rights and prevent discrimination.

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

  • 1140 West Pender St., Vancouver, BC V6E 4G1
  • Telephone: (604) 685-3425
  • Fax: (604) 685-7611
  • Website: www.clasbc.net/
  • Provides representation for involuntarily detained patients who have tribunal hearings either under the MHA or the mental disorder provisions of the Criminal Code. Other CLAS programs provide free legal services in areas such as housing, workers’ rights, E.I., sexual harassment in the workplace, and human rights.

COAST Foundation Society

  • 293 East 11th Ave, Vancouver, BC V5T 2C4
  • Email: info@coastmentalhealth.com
  • Telephone: (604) 872-3502
  • Website: www.coastmentalhealth.com
  • Toll-Free: 1-877-602-6278
  • Fax: 604-879-2363
  • Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.

Kettle Friendship Society

  • 1725 Venables Street, Vancouver, BC V5L 2H3
  • Telephone: (604) 251-2801
  • Fax: 604-251-6354
  • Website: www.thekettle.ca
  • A non-profit agency providing support and services to those suffering from mental illness. Services include housing assistance, employment advocacy, and an on-site health clinic.

Legal Aid BC

  • 400-510 Burrard St., Vancouver, BC V6C 3A8
  • Telephone: (604)-408-2172
  • Toll-free: 1-866-577-2525
  • Website: www.legalaid.bc.ca/
  • Legal Aid BC is a provincial Crown Corporation. LABC was created by the Legal Services Society (LSS) Act in 1979 to provide legal information, advice, and representation services. Their priority is to serve the interests of people experiencing barriers accessing the legal system. Some of the services are available to all British Columbians.
  • Clients can get legal representation if they face prison issues for which the Charter of Rights and Freedoms provides the right to a lawyer.

Motivation, Power, and Achievement Society (MPA)

  • 122 Powell St., Vancouver, BC V6A 1G1
  • Telephone: (604) 482-3700
  • Fax: (604) 738-4132
  • Court Services: (604) 688-3417’
  • Website: www.mpa-society.org
  • Offers information, counselling, and representation for Review Panels.
  • The Court Services Program assists clients who have a mental health disability during the criminal court process. Clients may also be assisted following court appearances (e.g., with bail or probation orders).

Nidus Personal Planning Resource Centre and Registry

  • Website: https://www.nidus.ca/
  • 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.

Independent Rights Advice Service (IRAS)

  • Website: https://irasbc.ca/the-service/#
  • The Independent Rights Advice Service (IRAS) helps people who are detained and experiencing involuntary treatment under the Mental Health Act in BC.
  • The Service connects you with a Rights Advisor, who provides information on legal rights as an involuntary patient, and how to act on those rights.
  • Patients can talk to a Rights Advisor through a Rights Advice meeting, which is private.
  • Patients can request a Rights Advice meeting by speaking to their treatment team.

4. Government Resources

British Columbia Review Board

  • Website: http://www.bcrb.ca
  • Telephone: (604) 660-8789
  • Toll-Free: 1-877-305-2277
  • Fax: (604) 660-8809
  • Makes review dispositions where individuals charged with criminal offences have been given verdicts of “Not Criminally Responsible” (NCR) on account of mental disorder or “Unfit to Stand Trial” UST on account of mental disorder, by a court.

Canadian Mental Health Association, BC Division

  • 905-1130 West Pender St
  • Vancouver, BC V6E 4A4
  • Telephone: (604) 688-3234
  • Toll-free: 1-800-555-8222
  • Fax: (604) 688-3236
  • Email: info@cmha.bc.ca
  • Website: www.cmha.bc.ca/
  • Provides recovery-focused programs and services to promote good mental health and includes resources for youth and adults.

Department of Justice

  • Website: https://www.justice.gc.ca/eng/
  • The Department of Justice website contains all federal statutes, information about the Canadian justice system, and links to related websites.

Guide to the Mental Health Act

Representing Clients Impacted by Coercive Mental Health and Substance Use Health Laws: Legal Research and *Resource Guide

Mental Health Review Board

  • Website: https://www.bcmhrb.ca/
  • Telephone: (604) 660-2325
  • Responsible for conducting reviews of involuntarily admitted patients under the MHA. Their website provides frequently asked questions, rules, and other helpful links.

Ministry of Health Services

Public Guardian and Trustee of BC (PGT)

  • 700-808 West Hastings
  • Vancouver, BC V6C 3L3
  • Telephone: (604) 660-4444
  • Fax: (604) 660-0374
  • Website: http://www.trustee.bc.ca
  • An independent, impartial public official and Officer of the Court who serves to balance protection with autonomy and to ensure that 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 by ensuring that children are properly represented in all legal matters.
  • 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.

Planned Lifetime Advocacy Network (PLAN)

  • 205-175 East Broadway St
  • Vancouver, BC V5T 1W2
  • Telephone: (604) 439-9566
  • Fax: (604) 439-7001
  • Website: www.plan.ca
  • Provides advocacy services and up-to-date legal information on wills and estates, trustees, and financial planning. PLAN 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.

Representative for Children and Youth (RCYBC)

  • Website: https://rcybc.ca/
  • Telephone: 1-800-476-3933
  • Supports children, youth, and some young adults receiving services or programs provided for or funded by the government, including addiction services, mental health services, and children and youth with special needs.

Vancouver Access & Assessment Centre (AAC)

  • Website: http://www.vch.ca/locations-services/result?res_id=1186
  • Telephone: 1-604-675-3700
  • Located at Vancouver General Hospital, the AAC offers short term treatment on-site, by telephone, and by mobile response. Clinical staff, including registered nurses, social workers, and psychiatrists, provide 24/7 support, stabilization, and crisis management to clients.
  • To be eligible for this service, clients need to be 17 years of age or older, and a resident of Vancouver.
v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2025, The Greater Vancouver Law Students' Legal Advice Society.


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