Difference between revisions of "Governing Legislation and Resources for Mental Health (14:II)"

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{{REVIEWED LSLAP | date= August 14, 2020}}
{{LSLAP Manual TOC|expanded = mentalhealth}}
{{LSLAP Manual TOC|expanded = mentalhealth}}


This chapter deals with the legal issues that may arise due to a person’s mental disorder. By ‘mental disorder’, we are referring to the range of illnesses and disorders dealt with by psychiatry. It is important to keep in mind that mental illness is not the same as mental incapacity. For legal matters concerning mental incapacity, please consult [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15: Guardianship]].
== A. Legislation ==


For purposes of this Chapter, the most important statute is the ''Mental Health Act'', RSBC 1996, c 288 [MHA]. Other legislation which may have  relevance is listed Part B of this introduction, “[[{{PAGENAME}}#B. Governing Legislation and Resources |Governing Legislation and Resources]]”. If you are asked for advice with respect to a person who has come into conflict with the law and shows signs of psychiatric disturbance, you may  also need to review the ''Forensic Psychiatry Act'', RSBC 1996, c 156 [FPA].
''Adult Guardianship Act'', RSBC 1996, c 6 [AGA].  


This chapter provides a very general overview of the rights of persons with mental illnesses, either as patients inside a mental health facility  or as persons outside such a facility. The discussion of mental health law is intended to provide the reader with a general framework to use to  offer advice, or as a basis for further research. An excellent resource for further information or referrals is the Community Legal Assistance Society (CLAS). CLAS runs a mental health law program that represents individuals at hearings before the BC Criminal Code Review Board, under Part XX.1 of the Mental Disorder provisions of the ''Criminal Code of Canada'' and the BC Mental Health Review Board under the MHA. BC Review  Board Hearings, and BC Mental Health Act tribunal hearings. CLAS also provides legal information and identifies potential test cases. See [[Referrals (22) | Chapter 22: Referrals]] for CLAS contact information.
''Adult Guardianship and Planning Statutes Amendment Act'', S.B.C 2007, c 34 [AGPSAA].  


== A. Client Intake ==
''Criminal Code'', R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [CC].  


In BC there is a presumption that all adults are capable of making their own decisions unless the contrary is demonstrated. Behind a mental  disorder may be a person with a genuine legal issue that needs to be addressed. It is therefore important not to dismiss a person because they  have or are suspected of having a mental disorder. Listen to their story to assess whether a legal problem exists.  
''Forensic Psychiatry Act'', RSBC 1996 c 156 [FPA].


A mental health diagnosis or suspected mental health problem does not necessarily mean that the adult is incapable of obtaining and instructing legal counsel. There is a different standard of capacity for each different legal act. For example, in order to make a will, the testator must know the natural objects of his or her bounty (i.e. the expected beneficiaries), understand the nature and extent of his or her property and to be able to combine these elements in order to rationally dispose of his or her property. However, the testator need not be able to conduct other business or legal transactions. On the other hand, in order to enter into a contract, the client must understand the nature and effect of the act and the business being transacted.  
''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA].  


The capacity required to instruct counsel requires that the client understand the roles of client and solicitor, can understand the information  relevant to making a decision and have the ability to appreciate the foreseeable consequences of that decision. Since this is a legal test, students are unable to make this determination on their own. Any concerns should be brought to the program supervising lawyer’s attention. However, without meeting the client in person, the program supervising lawyer will be unable to make a capacity determination. Students are encouraged to contact CLAS for assistance and, if necessary, refer the client to CLAS or another legal service.  
''Mental Health Act'', RSBC 1996, c 288 [MHA].


Where  no  legal  issue  exists, remember  that  the  client  may  be  seeking  help  for a variety  of matters from someone they feel they can trust. In these situations referrals to mental health services may be appropriate. You may also wish to provide mental health referrals, such as counselling, for clients to whom  you  are  providing  on-going  legal  assistance. Dealing  with legal issues can  be  stressful  and upsetting  for all  people. Clients  may  find  seeing  counsellor  is a helpful  way  to  develop  emotional coping strategies, to pinpoint their ideal outcome from a legal process, and to organize their thoughts in order to provide clear and concise information and evidence in the legal process. B.Governing Legislation and Resources 1.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 of Canada, R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [CCC] Forensic Psychiatry Act, RSBC 1996 c 156 [FPA].
''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 people that are suffering from more severe disorders and require greater support.
 
==== Broadway Youth Resource Centre (BYRC) ====
Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.
{{ResourcesLSLAP
| address = 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| phone = Telephone: (604)-709-5720 <br /> Fax: (604) 709-5721
| online = [http://www.pcrs.ca/ Website] <br />
}}
 
==== 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.
{{ResourcesLSLAP
| address = 949 West 49th Avenue <br /> Vancouver, BC V5Z 2T1
| phone = Voicemail: (604)-266-5611 <br /> Fax: (604) 261-7205
| online = [http://www.oakcounselling.org/ Website] <br /> E-mail: info@oakcounselling.org
}}
 
==== Oak Counselling Services Society ====
This PDF provides an excellent list of options for reduced cost counselling, compiled by Megan Sutherland of Willow Tree Counselling [https://willowtreecounselling.ca/ https://willowtreecounselling.ca/]
{{ResourcesLSLAP_online
| online = [https://willowtreecounselling.ca/wp-content/themes/willowtree/reduced-cost-counselling.pdf PDF List]
}}
 
=== 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.
{{ResourcesLSLAP_addressphone
| address = 300 - 845 Cambie St <br /> Vancouver, BC
| phone = Toll-free: 1-877-762-6664
}}
 
==== Peer Navigator Program (Canadian Mental Health Association) ====
Provides peer-based support on a wide breadth of issues surrounding mental health, housing, income assistance, legal aid and community connections.
{{ResourcesLSLAP
| address = 110 - 2425 Quebec St. <br /> Vancouver, BC 5TB 4L6
| phone = (604) 872-3148
| online = [http://www.vancouver-fraser.cmha.bc.ca/ Website] <br /> Email: peer.navigation@cmha.bc.ca
}}
 
==== Disability Alliance BC ====
*A self-help umbrella group that raises public awareness of issues affecting people with disabilities.  
*A great resource for people with any type of disability (mental or physical) that can provide help with a wide range of legal and non-legal issues.
*Clients should contact the Advocacy Access number, below.
{{ResourcesLSLAP_phoneonline
| phone = (604) 875-0188 <br /> TTY: (604) 875-8835 <br /> Toll-free: 1-800-663-1278
| online = [https://disabilityalliancebc.org/ Website]
}}
 
==== B.C Human Rights Clinic ====
Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
{{ResourcesLSLAP_phoneonline
| phone = (604) 622-1100 <br /> Toll-free: 1-855-685-6222 <br /> Fax: (604) 685-7611
| online = [http://www.bchrcoalition.org Website]
}}
 
==== 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 tenants’ rights, E.I., WCB and human rights.
{{ResourcesLSLAP_phoneonline
| phone = (604) 685-3425 <br /> Fax: (604) 685-7611
| online = [http://www.clasbc.net/ Website]
}}
 
==== COAST Foundation Society ====
Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.
{{ResourcesLSLAP_phoneonline
| phone = (604) 872-3502 <br /> Toll-Free: 1-877-602-6278 <br /> Fax: 604-879-2363
| online = [http://www.coastmentalhealth.com Website] <br /> Email: info@coastmentalhealth.com
}}
 
==== 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.'''
{{ResourcesLSLAP_phoneonline
| phone = (604) 872-3311 <br /> Toll-free: 1-800-SUICIDE (784-2433)
}}
 
==== The 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.
{{ResourcesLSLAP
| address = 1725 Venables St. <br /> Vancouver, BC V5L 2H3
| phone = (604) 251-2801 <br /> Fax: 604-251-6354
| online = [http://www.thekettle.ca Website]
}}
 
=== Legal Services Society ===
Website: [http://www.lss.bc.ca/ www.lss.bc.ca/] Telephone: (604)-408-2172 Toll-free:1-866-577-2525
 
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.
 
==== Motivation, Power, and Achievement Society (MPA) ====
Offers information, counselling and representation for Review panels.
{{ResourcesLSLAP_phoneonline
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| online = [http://www.mpa-society.org Website]
}}
 
==== 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.
{{ResourcesLSLAP_online
| online = [http://www.nidus.ca Website]
}}
 
===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.
{{ResourcesLSLAP_phoneonline
| phone = (604) 660-8789 <br /> Toll-free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| online = [http://www.bcrb.bc.ca/ Website] <br />
}}
 
==== Canadian Mental Health Association, BC Division ====
{{ResourcesLSLAP_phoneonline
| phone = (604) 688-3234 <br /> Toll-free: 1-800-555-8222 <br /> Fax: (604) 688-3236
| online = [http://www.cmha.bc.ca/ Website] <br /> Email: info@cmha.bc.ca
}}
 
==== Department of Justice ====
*Website contains all federal statutes and links to related sites.
{{ResourcesLSLAP_online
| online = [http://www.justice.gc.ca/eng/ Website]
}}
 
==== Guide to the Mental Health Act ====
{{ResourcesLSLAP_online
| online = [http://www.health.gov.bc.ca/mhd/mentalhealthact.html Website]
}}
 
==== Mental Health Review Board ====
*Responsible for conducting reviews of involuntarily admitted patients.
*Website provides FAQ, Rules, and other helpful links.
{{ResourcesLSLAP_phoneonline
| phone = (604) 660-2325
| online = [http://www.mentalhealthreviewboard.gov.bc.ca/ Website]
}}
 
==== Ministry of Health Services ====
*Provides downloadable ''Mental Health Act'' forms on their website.
{{ResourcesLSLAP_online
| online = [http://www.health.gov.bc.ca/mhd/mental_health_act_forms.html Website]
}}
 
==== MPA Court Services ====
Court workers assist 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).
{{ResourcesLSLAP_phoneonline
| phone = (604) 688-3417 <br /> Vancouver area: (604) 660-4292 <br /> Surrey area: (604) 572-2405
}}
 
==== 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 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 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.
{{ResourcesLSLAP_phoneonline
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| online = [http://www.trustee.bc.ca Website]
}}
 
==== Planned Lifetime Advocacy Network (PLAN) ====
Provides advocacy services and up-to-date legal information on wills and estates, trustees and financial planning. 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
{{ResourcesLSLAP_phoneonline
| phone = (604) 439-9566 <br /> Fax: (604) 439-7001
| online = [http://www.plan.ca Website]
}}
 
==== 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.
{{ResourcesLSLAP_phoneonline
| phone = 1-604-675-3700 <br />
| online = [http://www.vch.ca/your-care/mental-health-substance-use/vancouver-access-assessment-centre Website] <br />
}}
 
{{LSLAP Manual Navbox|type=chapters8-14}}

Revision as of 23:06, 28 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2020.



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 people that are suffering from more severe disorders and require greater support.

Broadway Youth Resource Centre (BYRC)

Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.

Online Website
Address 2455 Fraser Street
Vancouver, BC V5T 0E6
Phone Telephone: (604)-709-5720
Fax: (604) 709-5721


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.

Online Website
E-mail: info@oakcounselling.org
Address 949 West 49th Avenue
Vancouver, BC V5Z 2T1
Phone Voicemail: (604)-266-5611
Fax: (604) 261-7205


Oak Counselling Services Society

This PDF provides an excellent list of options for reduced cost counselling, compiled by Megan Sutherland of Willow Tree Counselling https://willowtreecounselling.ca/

Online PDF List


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.

Address 300 - 845 Cambie St
Vancouver, BC
Phone Toll-free: 1-877-762-6664


Peer Navigator Program (Canadian Mental Health Association)

Provides peer-based support on a wide breadth of issues surrounding mental health, housing, income assistance, legal aid and community connections.

Online Website
Email: peer.navigation@cmha.bc.ca
Address 110 - 2425 Quebec St.
Vancouver, BC 5TB 4L6
Phone (604) 872-3148


Disability Alliance BC

  • A self-help umbrella group that raises public awareness of issues affecting people with disabilities.
  • A great resource for people with any type of disability (mental or physical) that can provide help with a wide range of legal and non-legal issues.
  • Clients should contact the Advocacy Access number, below.
Online Website
Phone (604) 875-0188
TTY: (604) 875-8835
Toll-free: 1-800-663-1278


B.C Human Rights Clinic

Provides informational services and an advocacy programme to protect human rights and prevent discrimination.

Online Website
Phone (604) 622-1100
Toll-free: 1-855-685-6222
Fax: (604) 685-7611


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 tenants’ rights, E.I., WCB and human rights.

Online Website
Phone (604) 685-3425
Fax: (604) 685-7611


COAST Foundation Society

Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.

Online Website
Email: info@coastmentalhealth.com
Phone (604) 872-3502
Toll-Free: 1-877-602-6278
Fax: 604-879-2363


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.

Online
Phone (604) 872-3311
Toll-free: 1-800-SUICIDE (784-2433)


The 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.

Online Website
Address 1725 Venables St.
Vancouver, BC V5L 2H3
Phone (604) 251-2801
Fax: 604-251-6354


Legal Services Society

Website: www.lss.bc.ca/ Telephone: (604)-408-2172 Toll-free:1-866-577-2525

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.

Motivation, Power, and Achievement Society (MPA)

Offers information, counselling and representation for Review panels.

Online Website
Phone (604) 482-3700
Fax: (604) 738-4132


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.
Online Website


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.
Online Website
Phone (604) 660-8789
Toll-free: 1-877-305-2277
Fax: (604) 660-8809


Canadian Mental Health Association, BC Division

Online Website
Email: info@cmha.bc.ca
Phone (604) 688-3234
Toll-free: 1-800-555-8222
Fax: (604) 688-3236


Department of Justice

  • Website contains all federal statutes and links to related sites.
Online Website


Guide to the Mental Health Act

Online Website


Mental Health Review Board

  • Responsible for conducting reviews of involuntarily admitted patients.
  • Website provides FAQ, Rules, and other helpful links.
Online Website
Phone (604) 660-2325


Ministry of Health Services

  • Provides downloadable Mental Health Act forms on their website.
Online Website


MPA Court Services

Court workers assist 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).

Online
Phone (604) 688-3417
Vancouver area: (604) 660-4292
Surrey area: (604) 572-2405


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 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 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.
Online Website
Phone (604) 660-4444
Fax: (604) 660-0374


Planned Lifetime Advocacy Network (PLAN)

Provides advocacy services and up-to-date legal information on wills and estates, trustees and financial planning. 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

Online Website
Phone (604) 439-9566
Fax: (604) 439-7001


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.

Online Website
Phone 1-604-675-3700


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.