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

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{{REVIEWED LSLAP | date= August 11, 2023}}
{{LSLAP Manual TOC|expanded = mentalhealth}}
{{LSLAP Manual TOC|expanded = mentalhealth}}


== A. Legislation ==
== A. Legislation ==


''Adult Guardianship Act'', RSBC 1996, c 6 [AGA].  
''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''].  


''Adult Guardianship and Planning Statutes Amendment Act'', S.B.C 2007, c 34 [AGPSAA].  
''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].  
Bill 23, ''Mental Health Amendment Act'', 2022 (assented to 2 June 2022), SBC 2022, c 17.  


''Forensic Psychiatry Act'', RSBC 1996 c 156 [FPA].
''Criminal Code'', R.S 1985, c. C-46 (Part XX.1, Mental Disorder provisions) [''CC''].  


''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA].  
''Forensic Psychiatry Act'', RSBC 1996 c 156 [''FPA''].


''Mental Health Act'', RSBC 1996, c 288 [MHA].
''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [''HCCFA''].  


''Mental Health Amendment Act'', S.B.C 1968, c 27 [MHAA].  
''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
''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].  
''Patients Property Act'', RSBC 1996, c 349 [''PPA''].  


''Power of Attorney Act'', RSBC 1996, c 370 [PAA].  
''Power of Attorney Act'', RSBC 1996, c 370 [''PAA''].  


''Public Guardian and Trustee Act'', RSBC 1996, c 38 [PGTA].  
''Public Guardian and Trustee Act'', RSBC 1996, c 38 [''PGTA''].  


''Representation Agreement Act'', RSBC 1996 c 405 [RAA]
''Representation Agreement Act'', RSBC 1996 c 405 [''RAA'']


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


=== 1. Counselling Services ===
=== 1. Crisis Resources ===


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.  
==== 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)
| online = [https://crisiscentre.bc.ca/ Website]
}}
==== Vancouver Coastal Regional Distress Line ====
This service is delivered by professionally trained volunteers. The crisis line serves all communities within the Vancouver Coastal Health Region.
{{ResourcesLSLAP_phoneonline
| phone = 604-872-3311 <br /> Toll-free: 1 (866) 661-3311 <br /> TTY: 1 (866) 872-0113
| online = [https://www.vch.ca/en/service/crisis-response-lines#wysiwyg--15811 Website]
}}
 
==== Kids Help Phone ====
* Kids Help Phone is Canada’s only 24/7 e-mental health service offering free, confidential support to young people in English and French.
* If young people need help right now, they can text a trained, volunteer crisis responder at Kids Help Phone about anything they’re going through. No issue is too big or too small.
* Young people can work with a professional counsellor at Kids Help Phone over the phone or through online chat to better understand what they’re going through.
{{ResourcesLSLAP_phoneonline
| phone = 1(800)-668-6868 <br /> Text: 686868
| online = [https://kidshelpphone.ca Website]
}}
 
=== 2. 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) ====
==== 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.
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.
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| address = 2455 Fraser Street <br /> Vancouver, BC V5T 0E6
| phone = Telephone: (604)-709-5720 <br /> Fax: (604) 709-5721
| phone = Telephone: (604)-709-5720 <br /> Fax: (604) 709-5721
| online = [http://www.pcrs.ca/ Website] <br />
| online = [https://pcrs.ca/service-resource-centres/broadway-youth-resource-centre-2 Website] <br /> E-mail: byrc@pcrs.ca
}}
}}


==== Oak Counselling Services Society ====
==== Foundry BC ====
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.  
* Foundry is a province-wide network of integrated health and wellness services for young people ages 12-24.
{{ResourcesLSLAP
* Foundry’s integrated services make it possible for young people to access five core services in one convenient location: mental health care, substance use services, physical and sexual health care, youth and family peer supports, and social services.
| address = 949 West 49th Avenue <br /> Vancouver, BC V5Z 2T1
* Young people can access integrated services by walking into one of our 16 local Foundry centres, exploring online tools and resources at foundrybc.ca, or connecting virtually through the free Foundry BC app.  
| phone = Voicemail: (604)-266-5611 <br /> Fax: (604) 261-7205
{{ResourcesLSLAP_online
| online = [http://www.oakcounselling.org/ Website] <br /> E-mail: info@oakcounselling.org
| online = [https://foundrybc.ca Website] <br /> Central Office email: info@foundrybc.ca
}}
}}


==== Oak Counselling Services Society ====
==== Other Counselling Options ====
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/]
This PDF provides an excellent list of options for reduced cost counselling services, compiled by Megan Sutherland of Willow Tree Counselling [https://willowtreecounselling.ca/ https://willowtreecounselling.ca/]
{{ResourcesLSLAP_online
{{ResourcesLSLAP_online
| online = [https://willowtreecounselling.ca/wp-content/themes/willowtree/reduced-cost-counselling.pdf PDF List]
| online = [https://willowtreecounselling.ca/wp-content/themes/willowtree/reduced-cost-counselling.pdf PDF List]
}}
}}


=== 2. Advocacy Resources ===
=== 3. Advocacy Resources ===


==== Access Pro Bono (Greater Vancouver and Victoria) ====
==== 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.
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
{{ResourcesLSLAP
| address = 300 - 845 Cambie St <br /> Vancouver, BC  
| address = 300 - 845 Cambie St <br /> Vancouver, BC V6B 4Z9
| phone = Toll-free: 1-877-762-6664
| phone = Toll-free: 1-877-762-6664
| online = [http://www.accessprobono.ca Website]
}}
}}


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| address = 110 - 2425 Quebec St. <br /> Vancouver, BC 5TB 4L6
| address = 110 - 2425 Quebec St. <br /> Vancouver, BC 5TB 4L6
| phone = (604) 872-3148
| phone = (604) 872-3148
| online = [http://www.vancouver-fraser.cmha.bc.ca/ Website] <br /> Email: peer.navigation@cmha.bc.ca
| online = [https://vancouver-fraser.cmha.bc.ca/programs-services/peer-navigator/ Website] <br /> Email: peer.navigation@cmha.bc.ca
}}
}}


==== Disability Alliance BC ====
==== Disability Alliance BC ====
*A self-help umbrella group that raises public awareness of issues affecting people with disabilities.  
* A self-help umbrella group that raises public awareness about 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.  
* 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.  
*Clients should contact the Advocacy Access number, below.
* 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.  
{{ResourcesLSLAP_phoneonline
* Clients should contact the Advocacy Access number, below.
{{ResourcesLSLAP
| address = 1450-605 Robson St. <br /> Vancouver, BC V6B 5J3
| phone = (604) 875-0188 <br /> TTY: (604) 875-8835 <br /> Toll-free: 1-800-663-1278
| phone = (604) 875-0188 <br /> TTY: (604) 875-8835 <br /> Toll-free: 1-800-663-1278
| online = [https://disabilityalliancebc.org/ Website]
| online = [https://disabilityalliancebc.org/ Website]
}}
}}


==== B.C Human Rights Clinic ====
==== B.C. Human Rights Clinic (CLAS)====
Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
Provides informational services and an advocacy programme to protect human rights and prevent discrimination.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP
| address = 1140 West Pender St. <br /> Vancouver, BC V6E 4G1
| 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 = [https://bchrc.net/ Website]
}}
}}


==== Community Legal Assistance Society (CLAS)’s Mental Health Law Program ====
==== 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.
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.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP
| address = 1140 West Pender St. <br /> Vancouver, BC V63 4G1
| 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]
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==== COAST Foundation Society ====
==== COAST Foundation Society ====
Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.
Provides a variety of mental health services, including a mental health resource centre and community or shared housing options.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP
| address = 293 East 11th Ave. <br /> Vancouver, BC V5T 2C4
| phone = (604) 872-3502 <br /> Toll-Free: 1-877-602-6278 <br /> Fax: 604-879-2363
| 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
| online = [http://www.coastmentalhealth.com Website] <br /> Email: info@coastmentalhealth.com
}}
}}


==== Crisis Centre of Greater Vancouver ====
==== Kettle Friendship Society ====
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.  
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
{{ResourcesLSLAP
Line 116: Line 144:
}}
}}


=== Legal Services Society ===
==== Legal Aid BC ====
Website: [http://www.lss.bc.ca/ www.lss.bc.ca/] Telephone: (604)-408-2172 Toll-free:1-866-577-2525
* Legal Aid BC is a provincial Crown Corporation. LABC was created by the Legal Services Society (LSS) Act in 1979 to provide legal information, advice, and representation services. Their priority is to serve the interests of people experiencing barriers accessing the legal system. Some of the services are available to all British Columbians.
 
* Clients can get legal representation if they face prison issues for which the Charter of Rights and Freedoms provides the right to a lawyer.
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.  
{{ResourcesLSLAP
| address = 400-510 Burrard St. <br /> Vancouver, BC V6C 3A8
| phone = (604) 408-2172 <br /> Toll-free: 1-866-577-2525
| online = [http://www.legalaid.bc.ca/ Website]
}}


==== Motivation, Power, and Achievement Society (MPA) ====
==== Motivation, Power, and Achievement Society (MPA) ====
Offers information, counselling and representation for Review panels.  
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).  
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132
| address = 122 Powell St. <br /> Vancouver, BC V6A 1G1
| phone = (604) 482-3700 <br /> Fax: (604) 738-4132 <br /> Court Services: (604) 688-3417
| online = [http://www.mpa-society.org Website]
| online = [http://www.mpa-society.org Website]
}}
}}
Line 135: Line 168:
}}
}}


===3. Government Resources===
===4. Government Resources===


==== British Columbia Review Board ====
==== 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.
* Makes review dispositions where individuals charged with criminal offences have been given verdicts of "Not Criminally Responsible" (NCR) on account of mental disorder or "Unfit to Stand Trial" (UST) on account of mental disorder, by a court.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = (604) 660-8789 <br /> Toll-free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| phone = (604) 660-8789 <br /> Toll-free: 1-877-305-2277 <br /> Fax: (604) 660-8809
| online = [http://www.bcrb.bc.ca/ Website] <br />  
| online = [http://www.bcrb.ca/ Website] <br />  
}}
}}


==== Canadian Mental Health Association, BC Division ====
==== Canadian Mental Health Association, BC Division ====
{{ResourcesLSLAP_phoneonline
* Provides recovery-focused programs and services to promote good mental health, and includes resources for youth and adults.
{{ResourcesLSLAP
| address = 905-1130 West Pender St. <br /> Vancouver, BC V6E 4A4
| phone = (604) 688-3234 <br /> Toll-free: 1-800-555-8222 <br /> Fax: (604) 688-3236
| 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  
| online = [http://www.cmha.bc.ca/ Website] <br /> Email: info@cmha.bc.ca  
Line 151: Line 186:


==== Department of Justice ====
==== Department of Justice ====
*Website contains all federal statutes and links to related sites.
*The Department of Justice website contains all federal statutes, information about the Canadian justice system, and links to related websites.
{{ResourcesLSLAP_online
{{ResourcesLSLAP_online
| online = [http://www.justice.gc.ca/eng/ Website]
| online = [http://www.justice.gc.ca/eng/ Website]
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==== Guide to the Mental Health Act ====
==== Guide to the Mental Health Act ====
* Provides plain-language explanations regarding the ''MHA'' and its implications for those who are impacted by it.
{{ResourcesLSLAP_online
{{ResourcesLSLAP_online
| online = [http://www.health.gov.bc.ca/mhd/mentalhealthact.html Website]
| online = [https://www.health.gov.bc.ca/library/publications/year/2005/guide-mental-health-act.pdf Website]
}}
 
==== 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.  
{{ResourcesLSLAP_online
| online = [https://www.healthjustice.ca/for-lawyers-legal-advocates Website]
}}
}}


==== Mental Health Review Board ====
==== Mental Health Review Board ====
*Responsible for conducting reviews of involuntarily admitted patients.
*Responsible for conducting reviews of involuntarily admitted patients under the ''MHA''. Their website provides frequently asked questions, rules, and other helpful links.
*Website provides FAQ, Rules, and other helpful links.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = (604) 660-2325
| phone = (604) 660-2325
| online = [http://www.mentalhealthreviewboard.gov.bc.ca/ Website]
| online = [https://www.bcmhrb.ca/ Website]
}}
}}


==== Ministry of Health Services ====
==== Ministry of Health Services ====
*Provides downloadable ''Mental Health Act'' forms on their website.
*Downloadable ''MHA'' forms are available on their website.
{{ResourcesLSLAP_online
{{ResourcesLSLAP_online
| online = [http://www.health.gov.bc.ca/mhd/mental_health_act_forms.html Website]
| online = [https://www2.gov.bc.ca/gov/content/health/health-forms/mental-health-forms 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) ====
==== 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.  
* 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 ensuring that children are properly represented in all legal matters that affect their lives.
* 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.
* 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.  
* '''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.
* '''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
{{ResourcesLSLAP
| address = 700-808 West Hastings St. <br /> Vancouver, BC V6C 3L3
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| online = [http://www.trustee.bc.ca Website]
| online = [http://www.trustee.bc.ca Website]
Line 193: Line 230:


==== Planned Lifetime Advocacy Network (PLAN) ====
==== 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
* 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.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP
| address = 205-175 East Broadway St. <br /> Vancouver, BC V5T 1W2
| phone = (604) 439-9566 <br /> Fax: (604) 439-7001
| phone = (604) 439-9566 <br /> Fax: (604) 439-7001
| online = [http://www.plan.ca Website]
| online = [http://www.plan.ca Website]
}}
==== 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.
{{ResourcesLSLAP_phoneonline
| phone = 1-800-476-3933 <br />
| online = [https://rcybc.ca Website] <br />
}}
}}


==== Vancouver Access & Assessment Centre (AAC) ====
==== 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.
* 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.
* To be eligible for this service, clients need to be:
:: * 17 years of age and older,
:: * residents of Vancouver.
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = 1-604-675-3700 <br />  
| phone = 1-604-675-3700 <br />  
| online = [http://www.vch.ca/your-care/mental-health-substance-use/vancouver-access-assessment-centre Website] <br />  
| online = [http://www.vch.ca/locations-services/result?res_id=1186  Website] <br />  
}}
}}


{{REVIEWED LSLAP | date= August 14, 2020}}
{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}

Latest revision as of 18:27, 15 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 11, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
14. Mental Health Law
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Theory and Approach
 · IV. Legal Rights
 · V. Patient Admission
 · VI. Consent to Medical Treatment
 · VII. Involuntarily Admitted
 · VIII. Youth
 · IX. Criminal Code
 · X. Complaints
 · XI. References

 · XII. LSLAP File Administration Policy
v • d • e



A. Legislation

Adult Guardianship Act, RSBC 1996, c 6 [AGA].

Adult Guardianship and Planning Statutes Amendment Act, S.B.C 2007, c 34 [AGPSAA].

Bill 23, Mental Health Amendment Act, 2022 (assented to 2 June 2022), SBC 2022, c 17.

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. Crisis Resources

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


Vancouver Coastal Regional Distress Line

This service is delivered by professionally trained volunteers. The crisis line serves all communities within the Vancouver Coastal Health Region.

Online Website
Phone 604-872-3311
Toll-free: 1 (866) 661-3311
TTY: 1 (866) 872-0113


Kids Help Phone

  • Kids Help Phone is Canada’s only 24/7 e-mental health service offering free, confidential support to young people in English and French.
  • If young people need help right now, they can text a trained, volunteer crisis responder at Kids Help Phone about anything they’re going through. No issue is too big or too small.
  • Young people can work with a professional counsellor at Kids Help Phone over the phone or through online chat to better understand what they’re going through.
Online Website
Phone 1(800)-668-6868
Text: 686868


2. 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.

Online Website
E-mail: byrc@pcrs.ca
Address 2455 Fraser Street
Vancouver, BC V5T 0E6
Phone Telephone: (604)-709-5720
Fax: (604) 709-5721


Foundry BC

  • Foundry is a province-wide network of integrated health and wellness services for young people ages 12-24.
  • Foundry’s integrated services make it possible for young people to access five core services in one convenient location: mental health care, substance use services, physical and sexual health care, youth and family peer supports, and social services.
  • Young people can access integrated services by walking into one of our 16 local Foundry centres, exploring online tools and resources at foundrybc.ca, or connecting virtually through the free Foundry BC app.
Online Website
Central Office email: info@foundrybc.ca


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/

Online PDF List


3. 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.

Online Website
Address 300 - 845 Cambie St
Vancouver, BC V6B 4Z9
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 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.
Online Website
Address 1450-605 Robson St.
Vancouver, BC V6B 5J3
Phone (604) 875-0188
TTY: (604) 875-8835
Toll-free: 1-800-663-1278


B.C. Human Rights Clinic (CLAS)

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

Online Website
Address 1140 West Pender St.
Vancouver, BC V6E 4G1
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 housing, worker's rights, E.I., sexual harassment in the workplace, and human rights.

Online Website
Address 1140 West Pender St.
Vancouver, BC V63 4G1
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
Address 293 East 11th Ave.
Vancouver, BC V5T 2C4
Phone (604) 872-3502
Toll-Free: 1-877-602-6278
Fax: 604-879-2363


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 Aid BC

  • Legal Aid BC is a provincial Crown Corporation. LABC was created by the Legal Services Society (LSS) Act in 1979 to provide legal information, advice, and representation services. Their priority is to serve the interests of people experiencing barriers accessing the legal system. Some of the services are available to all British Columbians.
  • Clients can get legal representation if they face prison issues for which the Charter of Rights and Freedoms provides the right to a lawyer.
Online Website
Address 400-510 Burrard St.
Vancouver, BC V6C 3A8
Phone (604) 408-2172
Toll-free: 1-866-577-2525


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).

Online Website
Address 122 Powell St.
Vancouver, BC V6A 1G1
Phone (604) 482-3700
Fax: (604) 738-4132
Court Services: (604) 688-3417


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


4. Government Resources

British Columbia Review Board

  • Makes review dispositions where individuals charged with criminal offences have been given verdicts of "Not Criminally Responsible" (NCR) on account of mental disorder or "Unfit to Stand Trial" (UST) 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

  • Provides recovery-focused programs and services to promote good mental health, and includes resources for youth and adults.
Online Website
Email: info@cmha.bc.ca
Address 905-1130 West Pender St.
Vancouver, BC V6E 4A4
Phone (604) 688-3234
Toll-free: 1-800-555-8222
Fax: (604) 688-3236


Department of Justice

  • The Department of Justice website contains all federal statutes, information about the Canadian justice system, and links to related websites.
Online Website


Guide to the Mental Health Act

  • Provides plain-language explanations regarding the MHA and its implications for those who are impacted by it.
Online Website


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.
Online Website


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.
Online Website
Phone (604) 660-2325


Ministry of Health Services

  • Downloadable MHA forms are available on their website.
Online Website


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.
Online Website
Address 700-808 West Hastings St.
Vancouver, BC V6C 3L3
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. 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.
Online Website
Address 205-175 East Broadway St.
Vancouver, BC V5T 1W2
Phone (604) 439-9566
Fax: (604) 439-7001


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.
Online Website
Phone 1-800-476-3933


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.
  • To be eligible for this service, clients need to be:
* 17 years of age and older,
* residents of Vancouver.
Online Website
Phone 1-604-675-3700


v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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