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

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

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{{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]].
= II. Governing Legislation and Resources =


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].
== A. Legislation ==
 
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.
 
== A. Client Intake ==
 
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.
 
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.
 
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.
 
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 a 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 Act'', RSBC 1996, c 6 [AGA].  
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''Representation Agreement Act'', RSBC 1996 c 405 [RAA]  
''Representation Agreement Act'', RSBC 1996 c 405 [RAA]  


=== 2. Resources ===
== B. Resources ==


==== a) Counselling Services ====
=== 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.  
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.  


'''City University Community Counselling Clinic'''
'''Broadway Youth Resource Centre (BYRC)'''


{{ResourcesLSLAP
{{ResourcesLSLAP
| resource_description = Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.
| resource_description = Offers counselling and support services in areas of youth and family, anger management, addictions, and sexual orientation and/or gender identity issues.
| address = Broadway Youth Resource Centre (BYRC) <br /> 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| address = 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| phone = (604) 709-5729 <br /> Fax: (604) 709-5721
| phone = Telephone: (604)-709-5720 <br /> Fax: (604) 709-5721
| online = [http://www.pcrs.ca Website]
| online = [http://www.pcrs.ca/ Website] <br />
}}
}}


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}}
}}


==== b) Others ====
=== 2. Advocacy Resources ===


'''ARA Mental Health Action Research and Advocacy Association of Greater Vancouver'''
'''ARA Mental Health Action Research and Advocacy Association of Greater Vancouver'''
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| phone = (604) 689-7938 <br /> Toll-free: 1-866-689-7938 <br /> Fax: (604) 689-7318
| phone = (604) 689-7938 <br /> Toll-free: 1-866-689-7938 <br /> Fax: (604) 689-7318
| online = [http://www.aramentalhealth.org/ Website] <br /> Email: advocacy@aramentalhealth.org
| online = [http://www.aramentalhealth.org/ Website] <br /> Email: advocacy@aramentalhealth.org
}}
'''Access Pro Bono (Greater Vancouver and Victoria)'''
{{ResourcesLSLAP
| resource_description = Lawyers can sometimes provide representation at review panel hearings on a case by case basis.
| address = 300 - 845 Cambie St <br /> Vancouver, BC
| Toll-free: 1-877-762-6664
}}
'''Peer Navigation (Canadian Mental Health Association)'''
{{ResourcesLSLAP
| resource_description = Provides peer-based support on a wide breadth of issues surrounding mental health, housing, income assistance, legal aid and community connections.
| address = 110 - 2425 Quebec St. <br /> Vancouver, BC 5TB 4L6
| Telephone = (604) 872-3148 <br />
| online = [http://www.vancouver-fraser.cmha.bc.ca/ Website] <br /> Email: peer.navigation@cmha.bc.ca
}}
}}


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| phone = (604) 622-1100 <br /> Toll-free: 1-855-685-6222 <br /> Fax: (604) 685-7611
| phone = (604) 622-1100 <br /> Toll-free: 1-855-685-6222 <br /> Fax: (604) 685-7611
| online = [http://www.bchrcoalition.org Website]
| online = [http://www.bchrcoalition.org Website]
}}
'''British Columbia Review Board'''
{{ResourcesLSLAP
| resource_description = 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.
| phone = (604) 660-8789 <br /> Toll-Free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| online = [http://www.bcrb.bc.ca Website]
}}
'''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
}}
}}


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| resource_description = <br />
| resource_description = <br />
*Provides information on civil commitment, procedure, the rights of mental patients and the MHA amendments. Other CLAS programs provide free legal services in specific areas such as tenants’ rights, E.I., W.BC and human rights.  
*Provides information on civil commitment, procedure, the rights of mental patients and the MHA amendments. Other CLAS programs provide free legal services in specific areas such as tenants’ rights, E.I., W.BC and human rights.  
*Provides representatives at tribunal hearings under the MHA and under the ''Criminal Code'' mental disorder provisions.
| phone = (604) 685-3425 <br /> Fax: (604) 685-7611
| phone = (604) 685-3425 <br /> Fax: (604) 685-7611
| online = [http://www.clasbc.net/ Website]
| online = [http://www.clasbc.net/ Website]
}}
'''British Columbia Review Board'''
{{ResourcesLSLAP
| resource_description = 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.
| phone = (604) 660-8789 <br /> Toll-Free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| online = [http://www.bcrb.bc.ca Website]
}}
}}


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| phone = (604) 872-3311 <br /> Toll-free: 1-800-SUICIDE (784-2433)
| phone = (604) 872-3311 <br /> Toll-free: 1-800-SUICIDE (784-2433)
}}
}}
'''[http://www.justice.gc.ca/eng/ Department of Justice]'''
*Website contains all federal statutes and links to related sites.
'''[http://www.health.gov.bc.ca/mhd/mentalhealthact.html Guide to the Mental Health Act]'''


'''The Kettle Friendship Society'''
'''The Kettle Friendship Society'''
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| online = [http://www.thekettle.ca Website]
| online = [http://www.thekettle.ca Website]
}}
}}
'''Motivation, Power, and Achievement Society (MPA)'''
{{ResourcesLSLAP
| resource_description = Offers information, counselling and representation for Review panels.
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| online = [http://www.mpa-society.org Website]
}}
'''[http://www.nidus.ca 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.
===3. Government Resources===
'''British Columbia Review Board'''
| resource_description = <br />
*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
}}
'''[http://www.justice.gc.ca/eng/ Department of Justice]'''
*Website contains all federal statutes and links to related sites.
'''[http://www.health.gov.bc.ca/mhd/mentalhealthact.html Guide to the Mental Health Act]'''


'''Mental Health Review Board'''
'''Mental Health Review Board'''
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'''[http://www.health.gov.bc.ca/mhd/mental_health_act_forms.html Ministry of Health Services]'''
'''[http://www.health.gov.bc.ca/mhd/mental_health_act_forms.html Ministry of Health Services]'''
*Provides downloadable ''Mental Health Act'' forms on their website.
*Provides downloadable ''Mental Health Act'' forms on their website.
'''Motivation, Power, and Achievement Society (MPA)'''
{{ResourcesLSLAP
| resource_description = Offers information, counselling and representation for Review panels.
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| online = [http://www.mpa-society.org Website]
}}


'''MPA Court Services'''
'''MPA Court Services'''
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| phone = (604) 688-3417 <br /> Vancouver area: (604) 660-4292 <br /> Surrey area: (604) 572-2405
| phone = (604) 688-3417 <br /> Vancouver area: (604) 660-4292 <br /> Surrey area: (604) 572-2405
}}
}}
'''[http://www.nidus.ca 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.


'''Public Guardian and Trustee of BC (PGT)'''
'''Public Guardian and Trustee of BC (PGT)'''
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