Mental Health Law and Legal Rights (14:IV): Difference between revisions

Under both BC and federal human rights legislation, it is contrary to human rights to discriminate with regard to housing, employment or services  available to the public against a person who is mentally ill. For information on launching a human rights complaint, see Chapter 19: Human Rights. H.Civil Responsibility In general, mental incompetence or disability is no defence to an action for intentional tort or negligence. However, where a certain amount of intent or malice is required for liability, the fact that the defendant lacked full capacity to understand what he or she was doing may relieve him or her of liability. A defendant who lacks the ability to control his or her actions will not be liable. Involuntary actions do not incur liability. Anyone responsible for the care of a mentally ill person may be held responsible if the plaintiff proves a failure to take proper care supervising the person.In civil suits, a guardian ad litem may be appointed to start or defend an action where a mentally ill person is a party and lacks the  capacity to commence or defend that action. A person involuntarily detained under the MHA appears to meet the definition in the BC Supreme Court Rules of Court of a person under a legal disability for filing or defending a court action. Therefore, the person would need to proceed through a guardian ad litem. Additionally, any person found not criminally responsible by reason of a mental disorder under the Criminal Code may not be liable for damages as a result of the offence. I.Immigration and Citizenship Section 38 of the Immigration and Refugee Protection Act deals with inadmissibility on health grounds. Pursuant to s 38(1)(c), foreign  nationals will be inadmissible if they “might reasonably be expected to cause excessive demand on health or social services.” This rule could potentially present a bar to admission for individuals determined to be developmentally delayed or those with a history of mental illness. However, s 38(2) lists certain exceptions. If a person may be classified as: a member of the family class and the spouse, common law spouse, or child of a sponsor; a refugee or a person in similar circumstances; a protected person, or; where prescribed by regulation, one of their  family members, that person will be exempted from the rule under s 38(1)(c). J.The Charter Sections 7 (the right to liberty), 9 (the right to protection against arbitrary detention) and 15 (the equality provision) are particularly  relevant to protecting the rights of the mentally ill. Rights