Difference between revisions of "Mental Health Act: Involuntarily Admitted Patients (14:VII)"

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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   
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   


*(i) requires treatment in or through a designated facility,  
:(i) requires treatment in or through a designated facility,  
*(ii) requires care, supervision and control in or through a designated facility to prevent the person's or patient's substantial mental or physical deterioration or for the protection of the person or patient or the protection of others, and  
:(ii) requires care, supervision and control in or through a designated facility to prevent the person's or patient's substantial mental or physical deterioration or for the protection of the person or patient or the protection of others, and  
*(iii) cannot suitably be admitted as a voluntary patient.  
:(iii) cannot suitably be admitted as a voluntary patient.  


A Review Panel hearing must be conducted notwithstanding any defects in authority (Form 4 and 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 (Form 4 and Form 6) for the initial or renewed detention pursuant to section 22 of the ''MHA''.
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The BC Supreme Court recently held that the Review Panel board members have an obligation to determine whether or not the legal criteria to be an involuntary patient are met at the time of the hearing, not whether they were ever seriously impaired at some point in the past (see [https://www.bccourts.ca/jdb-txt/sc/21/16/2021BCSC1680.htm ''Tizvar v British Columbia (Mental Health Review Board)''], 2021 BCSC 1680). This decision thus affects the interpretation of the serious impairment criteria whether a person is ‘seriously impaired’ by the mental disorder—by clarifying that the assessment of whether or not one is seriously impaired should occur at the time of the hearing. This judicial review decision was vital as prolonged detention under the ''MHA'' on the basis that one met the criteria for involuntary patient status instead of their current condition, could have disturbing results.
The BC Supreme Court recently held that the Review Panel board members have an obligation to determine whether or not the legal criteria to be an involuntary patient are met at the time of the hearing, not whether they were ever seriously impaired at some point in the past (see [https://www.bccourts.ca/jdb-txt/sc/21/16/2021BCSC1680.htm ''Tizvar v British Columbia (Mental Health Review Board)''], 2021 BCSC 1680). This decision thus affects the interpretation of the serious impairment criteria whether a person is ‘seriously impaired’ by the mental disorder—by clarifying that the assessment of whether or not one is seriously impaired should occur at the time of the hearing. This judicial review decision was vital as prolonged detention under the ''MHA'' on the basis that one met the criteria for involuntary patient status instead of their current condition, could have disturbing results.


=== 3. Through Court Proceedings ===
=== 3. Through Court Proceedings ===
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