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

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2024.

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

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/).

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)

110 – 2425 Quebec St., Vancouver, BC V5T 4L6 Telephone: (604) 872-3148 Email: peer.navigator@cmha.bc.ca 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.

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@c’‘MHA’’.bc.ca Website: www.c’‘MHA’’.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’’

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.

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

Website: https://www.healthjustice.ca/for-lawyers-legal-advocates

• A guide by Health Justice that provides an overview of legal research and resources for lawyers and advocates to represent affected clients.
• Downloadable PDF is available at the above link.

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

Website: https://www2.gov.bc.ca/gov/content/health/health-forms/mental-health-forms

• Downloadable ‘‘MHA’’ forms are available on their website.

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.

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