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 July 22, 2022. |
A. Legislation
Adult Guardianship Act, RSBC 1996, c 6 [AGA].
Adult Guardianship and Planning Statutes Amendment Act, S.B.C 2007, c 34 [AGPSAA].
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 38 [PGTA].
Representation Agreement Act, RSBC 1996 c 405 [RAA]
B. Resources
1. 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 requiring greater support.
Broadway Youth Resource Centre (BYRC)
Offers counselling and support services in areas of youth and family, anger management, addiction, housing, employment, sexual orientation and/or gender identity issues. These services are offered without charge.
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Oak Counselling Services Society
Offers professionally-supervised counselling for issues such as grief, relationships, and life transitions. Fees are based on a sliding scale, ranging from $10–$65 per session.
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Other Counselling Options
This PDF provides an excellent list of options for reduced cost counselling services, compiled by Megan Sutherland of Willow Tree Counselling https://willowtreecounselling.ca/
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2. Advocacy Resources
Access Pro Bono (Greater Vancouver and Victoria)
Provides advice on rights pertaining to mental health law upon appointment. May also be available for habeas corpus applications, s 33 applications under the MHA, as well as applications for judicial review of Mental Health Review Board hearing decisions.
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Provides peer-based support on a wide breadth of issues surrounding mental health, housing, income assistance, legal aid and community connections.
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Disability Alliance BC
- 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, below.
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B.C. Human Rights Clinic (CLAS)
Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
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Community Legal Assistance Society (CLAS)’s Mental Health Law Program
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 specific areas such as housing, worker's rights, E.I., sexual harassment in the workplace, and human rights.
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COAST Foundation Society
Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.
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Crisis Centre of Greater Vancouver
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.
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Kettle Friendship Society
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.
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Legal Aid BC
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. The request for assistance in these areas would go through the Legal Aid appeals department.
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Motivation, Power, and Achievement Society (MPA)
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).
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Nidus Personal Planning Resource Centre and Registry
- 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.
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3. Government Resources
British Columbia Review Board
- 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.
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Canadian Mental Health Association, BC Division
- Provides recovery-focused programs and services to promote good mental health, and includes resources for youth and adults.
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Department of Justice
- The Department of Justice website contains all federal statutes, information about the Canadian justice system, and links to related websites.
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Guide to the Mental Health Act
- Provides plain-language explanations regarding the MHA and its implications for those who are impacted by it.
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Representing Clients Impacted by Coercive Mental Health and Substance Use Health Laws: Legal Research and Resource Guide
- 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.
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Mental Health Review Board
- Responsible for conducting reviews of involuntarily admitted patients under the MHA. Their website provides frequently asked questions, rules, and other helpful links.
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Ministry of Health Services
- Downloadable MHA forms are available on their website.
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Public Guardian and Trustee of BC (PGT)
- 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 that affect their lives.
- 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.
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Planned Lifetime Advocacy Network (PLAN)
- 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.
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Representative for Children and Youth (RCYBC)
- Supports children, youth and some young adults receiving services or programs provided or funded by government, including addiction services, mental health services, and children and youth with special needs.
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Vancouver Access & Assessment Centre (AAC)
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.
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