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

The patient may retain counsel for representation at the hearing. This representative need not be a lawyer. Representation at a panel is provided free of charge by the Mental Health Law Program of the CLAS staff within the lower mainland or on an ad hoc basis outside of the lower mainland (see Section I.B.2: Resources for contact information).  

The rules of natural justice dictate that one has a right to appear at one’ s  own hearing. However, under s 25(2.6) of the MHA the chair of the review panel may exclude the patient from the hearing or any part of it if they are satisfied that exclusion is in the patient’ s best interests. The patient or counsel can call witnesses to give evidence that supports the patient’ s argument in favour of discharge. Within 48 hours of the end of the hearing, the review panel must decide  (by majority vote) whether or not the patient’ s  detention should continue.   Decisions must be in writing. Reasons must be provided no later than 14 days after the hearing.   Section 25(2.9) of the MHA compels the panel to deliver a copy of the decision without delay to the mental health facility’ s director and the patient or his or her counsel. If the decision is that the patient be discharged, the director must immediately serve a copy of the decision on the patient and discharge him or her. b)What the Review Panel Must Consider Under s 25(2) the review panel is authorized to determine whether the detention of the patient should continue. The patient’ s detention must continue if ss 22(3)(a)(ii) and (c) continue to describe the patient.   That is, the patient is a person with a mental disorder who requires treatment in or through a  designated mental health facility; the patient requires care, control and supervision in or through a designated mental health facility; the patient is a threat to him or herself or others; or detention is necessary to prevent substantial deterioration of the patient’ s mental or physical person and he or she is  unsuitable as a voluntary patient. A review panel hearing must be conducted notwithstanding any defects in authority for the initial or renewed detention pursuant to s 22.The review panel must consider the past history of the patient, including his or her past history of compliance with treatment plans. The panel must assess  whether there is a significant risk that the patient will not comply with treatment prescribed