British Columbia Committee Hansard (Blues) — Tuesday, November 25, 2025 Afternoon, Issue No. 106 (43rd Parliament, 1st Session) (20251125pm-CommitteeC-Blues)
20251125pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
First Session, 43rd Parliament
Official Report
of Debates
( Hansard )
Tuesday, November 25, 2025
Afternoon Sitting
Issue No. 106
The Honourable Raj Chouhan , Speaker
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
Contents
Orders of the Day
Second Reading of Bills
Bill 32 — Mental Health Amendment Act (N o . 2), 2025 (continued)
Claire Rattée
Jeremy Valeriote
Elenore Sturko
Hon. Sheila Malcolmson
Anna Kindy
Jordan Kealy
Peter Milobar
Reann Gasper
Macklin McCall
Hon. Josie Osborne
Committee of the Whole
Bill 29 — Child, Family and Community Service Amendment Act, 2025
Hon. Jodie Wickens
Rosalyn Bird
Reporting of Bills
Bill 30 — Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025
Third Reading of Bills
Bill 30 — Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025
Proceedings in the Douglas Fir Room
Committee of the Whole
Bill 24 — Vaping Product Damages and Health Care Costs Recovery Act (continued)
Brennan Day
Hon. Niki Sharma
Anna Kindy
Steve Kooner
Elenore Sturko
Sheldon Clare
Proceedings in the Birch Room
Committee of the Whole
Bill 30 — Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025
(continued)
Kiel Giddens
Hon. Jennifer Whiteside
Gavin Dew
Tuesday, November 25, 2025
The House met at 1:32 p.m.
[The Speaker in the chair.]
Orders of the Day
Hon. Lisa Beare : In this House, I call Committee of the Whole, Bill 29, the Child, Family and Community
Service Amendment Act.
In the Douglas Fir Room, Committee of the Whole, Bill 24, Vaping Product Damages and
Health Care Costs Recovery Act.
In
Section C, the Birch Room, Committee of the Whole, Bill 30, Employment Standards
Amendment Act.
Sorry, Mr. Speaker. In this House, first it is continued second reading on Bill 32,
the Mental Health Amendment Act. My apologies.
Second Reading of Bills
Bill 32 — Mental Health
Amendment Act ( N o . 2), 2025
(continued)
[Lorne Doerkson in the chair.]
Deputy Speaker : Thank you, Members. We are continuing debate on Bill 32, the Mental Health Amendment
Act (No. 2), 2025.
Claire Rattée : I hope that you will indulge me. I had to get cut off earlier for lunch, so I’m just
going to go back one paragraph so that I don’t confuse myself here.
If the deemed consent provision is removed, the Mental Health Act contains no framework
for how treatment decisions are to be made for involuntary patients who refuse care.
In that situation, the system defaults back to the general law of consent in British
Columbia, the Health Care (Consent) and Care Facility (Admission) Act.
That act says that every adult is presumed capable unless proven otherwise, that a
capable patient has the right to refuse treatment and that the only time treatment
can proceed without consent is in a narrowly defined emergency or through a substitute
decision-maker if the patient is incapable. That sounds reasonable in theory, but
it does not reflect the clinical reality of the people who are most often certified
under the Mental Health Act.
[1:35 p.m.]
Many involuntary patients are not incapable in the narrow legal sense. They can understand
information. They can repeat back risks and benefits. They can explain side effects.
But they cannot appreciate the consequences of refusing treatment because of a condition
called anosognosia, the lack of awareness of one’s own illness.
When we talk about consent and capacity in the context of severe psychiatric illness,
we must recognize that British Columbia’s existing legal framework was never designed
to address the realities of conditions like schizophrenia, bipolar disorder with psychosis,
psychotic depression or the increasingly common toxic-drug-related brain injuries
we are seeing today.
Capacity law in the Health Care (Consent) and Care Facility (Admission) Act sets out
a narrow test: whether someone can understand information and appreciate the reasonably
foreseeable consequences of a decision. That test may work when someone is deciding
whether to have a surgery or a medical procedure, but it does not capture the fragmented,
inconsistent and often fluctuating insight that characterizes many severe psychiatric
disorders.
People can often articulate information clearly while being completely unable to appreciate
its personal relevance, because their illness prevents them from recognizing the illness
itself. That is the clinical reality of anosognosia, and it is a reality our laws
have not even attempted to describe, let alone regulate.
It is not denial; it is a symptom of severe mental illness. It affects a significant
percentage of people with schizophrenia, bipolar disorder with psychosis and psychotic
depression. It also affects people with traumatic and toxic-drug-related brain injuries
as well as people with Alzheimer’s and dementia and things of that nature — a population
that is now growing rapidly in British Columbia.
When someone has this they genuinely believe that there is nothing wrong with them.
They may insist that their hallucinations are real, that their paranoid beliefs are
justified or that their family is conspiring against them. They may also, once stabilized,
appear articulate, logical and coherent, which leads clinicians to find them capable
under the general legal test, but because they lack insight, they will often refuse
further treatment.
This produces the tragic cycle that we all recognize. The person deteriorates, becomes
a danger to themselves or to others, is detained, receives treatment over objection,
begins to recover, becomes capable in the legal sense, refuses continued treatment,
is discharged, stops medication and relapses, overdoses or returns to the hospital
in a worse state. Families are left grieving. Communities are left unsafe. And the
individual’s brain injury deepens each time.
Without clear statutory guidance on how capacity should be assessed specifically for
psychiatric decisions, clinicians are forced to make extremely high-stakes judgments
in a legal vacuum. Some may interpret capacity broadly and conclude a patient is capable
simply because they can repeat information back to them. Others may take a more nuanced
approach, incorporating insight, history, pattern of illness and risk.
In rural and northern communities, including mine, where psychiatric coverage is limited,
these assessments may be made by clinicians meeting the patient for the very first
time, under pressure in a chaotic emergency department or, worse yet and commonly
the case, virtually rather than in person.
None of this inconsistency is the fault of the clinicians. It is the direct result
of a legislative framework that has failed to define what capacity should mean in
the context of severe psychiatric illness. The outcome is a system where two patients
with the same conditions may have completely different rights, outcomes and protections,
depending on who assesses them that day.
What’s particularly troubling is that not only is the situation that I just described
very common in northern rural B.C., where we’re looking at the lack of access to psychiatrists,
but…. Very recently, the Health Minister and I were touring a facility in my riding
where we were told that it’s better for the patients that they can’t see a psychiatrist
in person and just virtually. That bothers me greatly.
I don’t think that you can replace face-to-face interaction with a health care provider
with virtual. I understand that we have to fill gaps, but it’s quite alarming that
we’re now making excuses for why we can’t actually allow patients to be seen in person.
And I think, specifically when it comes to psychiatric assessments, being able to
diagnose somebody in person is incredibly important.
[1:40 p.m.]
If the government removes deemed consent without establishing a modernized capacity
framework, these inconsistencies will only deepen. Many severely unwell patients,
especially those with anosognosia, will be deemed capable in a legal sense and therefore
allowed to refuse all treatment, even when their lives are at risk, or others’ lives.
Others may be labelled incapable based on subjective judgment. Families may suddenly
become responsible for treatment decisions that they are unprepared to make, in situations
that are emotionally fraught and medically complex. And clinicians will be put in
the impossible position of guessing whether treating someone without clear statutory
authority could expose them to complaints or litigation. This does not create safety
or clarity. It creates uncertainty and potential harm.
The government may argue that substitute decision-makers can simply fill the gap when
a patient is found incapable, but that assumption overlooks the very real complications.
Substitute decision-making only works when there are clear statutory rules guiding
it.
At present, British Columbia has no legislative process detailing when a family member
can authorize or refuse psychiatric medication on behalf of a loved one. There is
no oversight mechanism to ensure that the substitute decision-maker is acting according
to the patient’s values, best interests or stated wishes. There is no tribunal process
to resolve disputes between clinicians and families when opinions differ, and there
are no safeguards to protect patients from family conflict, coercion, estrangement
or even well-meaning but harmful decisions made in moments of crisis.
It’s because this piece of legislation doesn’t actually replace anything. It’s looking
to remove a
section without providing any kinds of guidelines or framework.
If we’re going to go to a situation where, essentially, we’re going to be relying,
for the most part, on these substitute decision-makers that are primarily going to
be family or close loved ones, why is there no framework here about how that person
is determined, which person it’s going to be in the family, safeguards to ensure that
they’re not going to abuse that family member?
It’s impossible for a clinician to know every single time what the family history
is or how this patient has interacted with that person in the past. So we’re going
into very dangerous territory by doing this without any kinds of clear frameworks.
These risks are not theoretical. Families across the province are already stretched
to their breaking point, caring for loved ones with severe and persistent mental illness,
substance use disorders or brain injuries. Many are exhausted, traumatized and desperate.
Asking them to shoulder legal responsibility for forced psychiatric interventions
without clear guidance, support or safeguards is unfair to them and unsafe for patients.
There are also situations where estranged or abusive relatives attempt to insert themselves
into care decisions.
Without a legislated framework, the system risks enabling further harm rather than
preventing it. And again, that’s not to say that I don’t want to see more family involvement
in care decisions, because I think that’s important. But what we do need are guidelines,
because not everybody is going to act in the best interest of people in their family.
A modern mental health law must recognize these complexities. It must define capacity
in a way that reflects psychiatric reality, including impaired insight. It must set
out a clear and consistent process for involving substitute decision-makers, backed
by safeguards, oversight and the ability to challenge decisions. It must ensure that
clinicians, patients and families all understand their roles, rights and responsibilities.
Removing deemed consent without addressing any of these issues does not modernize
the system. It destabilizes it. It leaves clinicians without guidance, families without
support and patients without the protections that they deserve.
This issue is even more concerning when we consider youth. Young people experience
mental illness and substance use disorders differently from adults. Their insight
fluctuates more rapidly. Their decision-making capacity is more vulnerable to peer
influence, trauma and developmental factors. Yet British Columbia has no youth-specific
involuntary treatment framework, no capacity-based youth model and no clear legal
standard for when parents can override a youth’s refusal of psychiatric treatment.
This is a really big issue that has been consistently seen. I get tons of casework
to my office about this because there is no ability for a parent to intervene in those
decisions, even when the child may have other disorders, not just psychiatric disorders,
that impact their ability to make these decisions. But the parents aren’t allowed
to intervene.
The government once recognized this gap when they introduced Bill 22 in 2020, which
would have allowed involuntary stabilization for youth after an overdose. They paused
that bill due to a lack of consultation, promised to come back with something better,
then abandoned the issue entirely.
[1:45 p.m.]
This is alarming, because it’s similar to what we are seeing right now with no consultation
and a bill being brought forward. So it will be interesting to see how this plays
out.
Now, in the middle of the most severe youth overdose crisis in Canadian history, they
bring forward a bill that could make it even harder to treat high-risk youth who lack
insight into their condition.
One of the most serious consequences of removing deemed consent without replacing
it is that we risk creating a system that detains people without actually treating
them. This is not only medically irresponsible but also ethically indefensible.
Detention under the Mental Health Act is supposed to have a therapeutic purpose. It
is justified because treatment is necessary to prevent serious deterioration or harm.
If clinicians are legally unable to provide that treatment, then the detention itself
becomes punitive rather than therapeutic, something this government has said multiple
times that they don’t want to do. It becomes confinement for the sake of confinement.
That is the opposite of what involuntary care is supposed to achieve.
Imagine a person in acute psychosis — paranoid, terrified, disorganized, unable to
recognize their own needs. Imagine telling that person: “We can hold you here against
your will, but we cannot give you the treatment that would actually help you become
well.” That is not compassionate care, that is not trauma-informed care, and it is
certainly not recovery-oriented care. It is a failure of the system and a violation
of the principles that this government claims to uphold.
If this bill proceeds without a replacement framework, that is exactly the situation
British Columbia will be placing clinicians and patients into. If Bill 32 passes without
a replacement framework, that cycle will become more entrenched, not less. Clinicians
will still be able to detain a person, but without the deemed consent provision, they
will likely be unable to treat them, unless they go through the formal process of
declaring them incapable and locating a substitute decision-maker.
Because the legal test for incapacity is narrow, many people with anosognosia will
be labelled capable. That will mean that the very group of people who most desperately
need stabilizing treatment, the people with the least insight into their conditions
and the highest risk of fatal outcomes, will be the ones who are now allowed to refuse
care.
This is not a hypothetical concern. The government itself has acknowledged that drug-related
brain injuries are now a widespread and growing problem. The Premier has spoken publicly
on multiple occasions about people overdosing twice in a day, being revived in emergency
and being sent back out onto the street to overdose a third time. He called it bizarre.
He spoke about the need for involuntary care in those situations.
The government then appointed a chief scientific adviser, Dr. Daniel Vigo, who confirmed
that involuntary care for this population could be delivered under the Mental Health
Act, and that’s under the existing Mental Health Act. This was eight months ago that
he said that. So again, I can’t help but wonder why this is being couched as a necessary
part of being able to move forward on involuntary care. Why are we not listening to
the expert here?
What really concerns me about this is that when I had a briefing on this bill with
the government staff about it, I asked about how much consultation had been done about
bringing this piece of legislation forward. I was told that Dr. Vigo — now, bear in
mind Dr. Vigo is the one that said that these changes were not necessary — has done
consultation with psychiatrists. But the staff admitted to me that no consultation
beyond that has been done on bringing forward this piece of legislation.
Again, I am concerned that this is just about shielding the government because of
this Charter challenge. I understand the desire to do that, but don’t couch it as
being something that’s necessary to bring forward involuntary care when the wording
itself makes it seem as though it’s actively working against that goal.
Despite recognizing this, the government has made almost no progress in actually implementing
involuntary care. So I must ask: how does it make sense to talk about using the Mental
Health Act as a tool for involuntary care in the toxic drug crisis while, at the same
time, removing the very legal mechanism that allows you to treat people whose illness
stops them from recognizing that they are ill?
For years, experts, advocates, families and clinicians have been calling for expanded
psychiatric beds, expanded long-term treatment capacity and vastly more community
supports. The government has ignored those calls.
We still have emergency departments functioning as psychiatric wards. We still have
people admitted to medical surgical floors because there is nowhere else to place
them. We still have hundreds of people discharged prematurely due to bed shortages.
We still have Indigenous communities with no psychiatric services at all. We still
have youth waiting months or years for a psychiatric consultation.
[1:50 p.m.]
A modern mental health law cannot function if there are no psychiatrists to assess
people, no beds to stabilize them and no community teams to support them after discharge.
That infrastructure does not exist, and this bill does absolutely nothing to fix that.
Even the scarce detox and treatment beds that do exist outside of the Red Fish Healing
Centre are not designed for stabilizing long-term psychiatric or cognitive impairment
caused by toxic drug exposure. They are not designed for the people cycling repeatedly
through acute psychosis with no insight. They are not designed for people who need
weeks or months of structured in-patient care to regain stability.
Another glaring problem with this bill is that it assumes the province has the capacity
to operationalize a modern consent system when it simply does not.
Capacity-based legislation only works when the entire system is built around accurate,
timely and consistent capacity assessments. That means having trained psychiatric
staff available around the clock. It means having clinicians who are capable of assessing
acute psychosis, disorganized thinking, brain injury or impaired insight in a reliable
and standardized way. It means having specialized in-patient units ready to receive
patients when capacity is lost and treatment is necessary. None of those conditions
exist today in British Columbia.
Another serious issue is that lack of capacity exposes clinicians to enormous legal
and professional risk. Under this bill, a nurse or doctor who decides a severely unwell
patient is incapable could be accused of violating their rights. Meanwhile, a clinician
who decides they are capable could be blamed when that patient deteriorates, harms
themselves or harms someone else.
These decisions cannot be left to guesswork, but that is exactly what will happen
without the resources needed to make proper assessments. We are setting clinicians
up for failure, and the government knows it. Giving them liability protection does
not solve the problem. It merely shifts the risk. A modern system would give clinicians
the tools that they need, not leave them to improvise in a crisis.
The government also refuses to acknowledge that modernizing mental health law requires
capacity not just to assess and treat but to follow up. People with severe psychiatric
illness need continuity of care. They need intensive case management, assertive outreach,
structured housing supports and long-term stabilization.
British Columbia does not have those systems in place. People are discharged with
no follow-up, no plan, no appointment and no support. We know what happens next: relapse,
psychosis, overdose, hospitalization, sometimes death. A rights-based framework without
a care-based infrastructure is an illusion.
One of the most overlooked problems with this bill is that it deepens the inequality
between rural and urban care. In Vancouver or Victoria, a patient refusing medication
under a capacity-based system might at least be seen quickly by a psychiatrist. In
the North, that same patient could wait days or longer for an assessment. In some
cases, the assessment might not happen at all.
The law will be the same across the province, but the outcomes will not be. The regions
with the least capacity will see the worst results. People in rural and northern communities,
my communities, will be left without timely assessments, without timely treatment
and without the protections a modernized framework is supposed to provide. This is
not equity. It is regionally entrenched injustice.
In northern communities, including Skeena, we often have limited or no access to psychiatrists
on site. We have emergency departments that are overwhelmed, rotations that are inconsistent
and designated psychiatric beds that are insufficient.
This government has known for years that psychiatric capacity is dangerously low,
yet they have not meaningfully increased staffing, expanded in-patient facilities
or developed community-based psychiatric services for communities. Instead, they now
introduce a bill that will remove the only legal tool that clinicians currently have
to provide timely treatment in high-risk situations, and they’re not providing anything
to replace it with.
The government is legislating as though we have a fully staffed, modern psychiatric
infrastructure. We do not. We are nowhere close, and the consequences of pretending
otherwise will be borne by the most vulnerable people in the system.
The irony is almost unbelievable. The government is trying to legislate a capacity-based
model while refusing to invest in capacity. It is like trying to build a skyscraper
on a foundation of sand. The structure looks neat on paper, but it collapses as soon
as it is used.
[1:55 p.m.]
If the government truly believed in a capacity-based approach, the first step would
be investment in psychiatric beds, in detox beds, in long-term treatment, in community
outreach, in northern services, in forensic stabilization and in specialized brain
injury units. Instead, they are moving backward. They are making it harder to treat
people, not easier. They are making it harder to intervene in a crisis, not easier.
It must be said plainly. This government has known for years that British Columbia’s
mental health system does not have the capacity to meet even basic needs.
Deputy Speaker : Thank you, Member.
Claire Rattée : I was told that I had two hours.
Deputy Speaker : Oh, you are the designated speaker?
Claire Rattée : Yes, I will be the designated speaker.
Every coroner’s report, every Auditor General review, every Ombudsperson report….
Deputy Speaker : Member, I hate to interrupt. I just need to recognize our Minister of Education and
Child Care.
Hon. Lisa Beare : Excellent, thank you.
Sorry, we were waiting till you were done there.
I seek leave to make an introduction.
Leave granted.
Introductions by Members
Hon. Lisa Beare : In the gallery, we have 40 people from Lift Auto Group, which has 67 locations, including
one here in Victoria, and is headquartered out of Kelowna. They do collision repairs
all across the province.
Will the House please make them feel very welcome.
Deputy Speaker : Indeed, welcome to everybody in the chamber today.
Debate Continued
Claire Rattée : It must be said plainly. This government has known for years that British Columbia’s
mental health system does not have the capacity to meet even basic needs. Every coroner’s
report, every Auditor General review, every Ombudsperson report, every expert panel,
every clinician, every grieving family has said the same thing.
We do not have enough psychiatric capacity. We do not have enough treatment beds.
We do not have enough staff. We do not have enough support for people after discharge.
Despite knowing all of this, the government brings forward a bill that assumes the
system is fully functional. It is not, and their failure to act is costing lives.
What makes this bill even more alarming is the glaring contradiction between the government’s
public messaging and their legislative actions. This Premier has repeatedly stated
that involuntary care must be available for people who overdose multiple times a day.
He has stated publicly that allowing someone to be revived in the morning, only to
die in the evening, is unacceptable.
The government’s own chief scientific adviser has stated unequivocally that repeated
overdoses cause profound brain injury, that insight is impaired and that involuntary
care is sometimes necessary as
an act of compassion, yet at the very moment when the
government should be strengthening the legal framework to support those interventions,
they are dismantling the only statutory mechanism that currently allows treatment
in these high-risk situations.
This raises a serious question. Was the government ever actually committed to involuntary
care, or were those statements simply made to respond to public outrage? When a government’s
words and actions contradict each other this dramatically, British Columbians notice.
They have every right to question whether this bill reflects sound policy or political
self-preservation in the face of a Charter challenge.
In April of this year, following a mass casualty event at a public festival that involved
a person with untreated mental illness, the government announced a review of the Mental
Health Act. They held press conferences. They talked about modernization. They talked
about protecting the public. They talked about building a better system. But since
then, we have seen absolutely no evidence of that review. There has been no consultation
paper, no terms of reference, no interim findings, no public engagement, no outreach
to families, no evidence that the review has progressed at all.
What is particularly troubling is that instead of bringing forward a comprehensive
reform package informed by that review, the government is now moving this small, reactive
bill in the final days of the sitting. It is difficult to avoid the conclusion that
this bill is not about modernizing mental health law or improving care. It is about
legal positioning. It is about the looming Charter case. It is about shielding the
government and health authorities from liability, without doing the work of building
a functioning, compassionate and accountable system.
Again, I have to ask: why are we rushing through a narrow, technical change to one
of the most controversial sections of the act before that review is complete? Why
are we legislating to manage a court case, instead of legislating to fix a broken
system? It feels premature, it feels backward, and it raises real questions about
what the government’s true agenda is here.
I want to acknowledge that the bill does contain provisions to protect clinicians
from liability when they provide treatment authorized by the director. I understand
why many nurses, doctors and allied health workers welcome that protection. They are
working on the front lines of an extraordinarily complex and underresourced system,
and they deserve support, but legal immunity for clinicians does not fix the underlying
problem.
[2:00 p.m.]
They still will not have a clear statutory framework to guide their decisions when
an involuntary patient refuses care. They will still be forced to navigate a patchwork
of internal health authority policies, ad hoc capacity assessments and unclear legal
obligations.
Patients, especially those with anosognosia or toxic-drug-related brain injury, will
receive inconsistent and insufficient care. British Columbians deserve better than
this. They deserve a government that does the difficult work of drafting a modern
capacity-based mental health law that recognizes autonomy where possible, protects
the right to be well where necessary and builds in robust safeguards, oversight and
accountability.
They deserve a system where families are part of the process, where rural and northern
realities are recognized, where Indigenous communities are engaged with respect and
where clinicians are properly supported. They deserve more than a two-clause amendment
introduced at the last minute because the government is anxious about its position
in court.
In principle, I support modernizing the Mental Health Act. I support strengthening
rights and creating a fair, transparent consent framework. But I cannot support a
bill that removes a major legal mechanism while offering nothing in its place.
Doing so risks worsening outcomes for the people who need the most help. It risks
creating a situation where we detain people without treating them, a scenario that
is unethical, unsafe and inhumane. And it risks further eroding public confidence
at a time when the system is already under immense strain.
What is most troubling is the government’s refusal to grapple with the full context.
This bill is being introduced in a province that has the highest overdose death rate
in Canadian history, the highest rate of drug-induced brain injury ever recorded,
a collapsing psychiatric system, chronic staffing shortages, emergency departments
functioning as psychiatric stabilization units, long-term-care needs that are completely
unmet and no coherent strategy for involuntary treatment, despite promising it repeatedly.
This bill does not exist in a vacuum. It exists inside a system that is fundamentally
broken. And instead of fixing the system, the government is removing one of the only
tools that it has.
Rights matter. But that includes the right to be well. We can move towards a modern
capacity-based model that respects autonomy whenever possible, explicitly recognizes
situations where illness destroys insight, provides strong safeguards and still allows
clinicians to act in a transparent and accountable way when doing nothing would mean
death or serious harm.
If the government were serious about modernizing the Mental Health Act, this bill
would not be two clauses long. At minimum, it would include a statutory definition
of “capacity” tailored to psychiatric decision-making. It would require regular documented
capacity assessments. It would establish a clear process for authorizing treatment
in cases where a patient is capable but at extreme risk due to impaired insight, patterned
overdose or severe psychosis.
It would strengthen rights advice and legal advocacy. It would create oversight mechanisms
— whether through the review board, an independent tribunal or another body — so that
treatment decisions could be challenged fairly. It would provide a structured role
for families, with clear limits, safeguards and accountability. And it would be accompanied
by a commitment to increased psychiatric capacity, community care options and stabilizing
treatment facilities across the province. None of that appears in this bill.
British Columbia cannot build a rights-based mental health framework on a system that
is structurally incapable of delivering the most basic psychiatric care. The government
knows that psychiatry vacancies remain unfilled across Northern Health, Interior Health
and Vancouver Island. They know that some communities have no permanent psychiatrists
at all.
They know that emergency departments are so overwhelmed that psychiatric consults
are often delayed for days or done virtually by providers who have never met the patient
in person. They know that burnout among clinicians is at an all-time high.
Yet they still bring forward a bill that hinges entirely on the assumption that clinicians
have the time, training and capacity to carry out nuanced legal assessments in the
middle of a collapsing system. That is not modernization; it is magical thinking.
British Columbians do not need a bill that protects the government from liability.
They need a bill that protects people from dying. They need a mental health law that
recognizes modern clinical realities, that balances autonomy with safety, that supports
clinicians in making the right decisions and that gives families a framework that
they can trust.
Instead, they are being offered a last-minute, legally driven amendment that does
nothing to improve care, nothing to expand access to treatment and nothing to address
the devastating gaps that this government has acknowledged for years but failed to
act upon.
[2:05 p.m.]
British Columbians deserve leadership, not legal manoeuvring. They deserve a government
willing to confront the hardest issues in mental health and addiction with honesty,
courage and a genuine commitment to saving lives. This bill falls far short of that
standard, and the people of British Columbia deserve far better.
I want to take a little bit of time now to talk about some of the timeline here and
why I have a lot of concerns about the way that this bill is being brought forward.
I’ve touched on them already, but just to put it in perspective.
We know that eight months ago Dr. Daniel Vigo, who is the expert on these matters,
the expert that we were told we needed to have…. This government needed to have him
hired on so that he could give advice. He said eight months ago that for us to enact
involuntary care, we did not need to make any changes to the Mental Health Act whatsoever.
He’s supposed to be the authority on this, he’s supposed to be the expert, and now,
for some reason, we’re going against his advice.
We know that back after the Lapu-Lapu Day tragedy, the Premier stood up and announced
that we were going to get a review of the Mental Health Act, something that many people
have been calling for, for a very long time. That was announced, and I’ve heard crickets
ever since.
Now we’ve got this bill coming forward. We haven’t done a review. We haven’t done
consultation, as I mentioned. Ministry staff told me as much yesterday, that no consultation
has been done on this. So all I have left to assume is that this is just about shielding
the government from the results of this Charter case.
Again, I understand why they may want to do that. I understand that there is some
concern there. I’m certainly not against us providing more protections to health care
workers. I don’t want them to be facing liability for doing the right thing and making
the right medical choices. That’s important. They need to feel confident that they
can make those medical choices.
But the fact still remains that this government agreed that we needed involuntary
treatment. I’ve pored over this document and tried to find any other way to interpret
it other than the fact that it is now going to be more difficult for us to be able
to implement involuntary treatment in this province. That concerns me greatly.
I’ve spoken about it in this House before. I’m somebody that has lived experience
with this. I went to treatment. I was a drug addict for a number of years, and I went
to treatment. I got psychiatric help as well. I did suffer from psychosis. I have
been through that pattern. I understand this very keenly. I have the lived experience
on it, and that’s why I advocate for it. That is also why I know, as somebody with
lived experience, as somebody that was a youth when I was struggling, that involuntary
treatment would have saved me.
Obviously, I’m still alive. I’m still here today. I made it through, but I did a lot
of really irreparable harm to my body and my health during that time. I was a young
person. Obviously, I regret it now. I wish I hadn’t done that, but I did.
My parents cared about me immensely. They wanted to do everything they could to try
and save me, but there wasn’t any mechanism for them to do so. I have the clarity
now that I need, as an adult, to be able to look back, and I recognize that despite
my parents being excellent parents and caring about me a lot, I wanted them to pay
attention to me. I felt like they didn’t pay attention.
If they would have forced me into treatment, if they had had a mechanism when I was
16 or 17 years old, I guarantee you it would have worked. I know it won’t work for
everybody, but I can look back, and I can see that now. I know it would have worked.
It would have saved me. I went through a lot of things that I shouldn’t have gone
through as a young child, as a teenager, that I wish, obviously, I didn’t have to
go through.
We need involuntary treatment in this province. We can’t continue to wait. There has
to be a mechanism. There are a lot of lives that could potentially be saved if we
found a way to do that.
Unfortunately, I am now going to spend the time to try and figure out some amendments
that I can bring forward to this piece of legislation that will allow us to enact
that. I’m hoping that I can do a good job of it, because I do not have a legal background,
nor do I have a medical background. I’m hoping that I can figure out a way to do that
in a way that both sides of the House can agree on so that we can actually start enacting
that framework.
But the government still needs to take on the responsibility of building out that
capacity to allow us to be able to take on that challenge. What concerns me is, again,
that this is a government that insisted we had to hire this special expert in Dr.
Vigo. We had to have him. He was the expert on this matter. He would be able to figure
out what we needed to do to be able to solve the problems that we’re facing right
now. And we’re actively going against advice that was given to us from him.
There hasn’t been consultation done on this. Again, I am not a legal expert, nor do
I have a health care background.
[2:10 p.m.]
I have concerns about the fact that this is now legislation that is likely going to
get changed. That’s why I will bring forward the amendments, because I know that the
government has more votes than the opposition and that this will move. I’m hoping
that the amendments will be ones that the government can agree to, to try and make
this a bit safer and to ensure that it’s actually going to achieve the outcome that
we want it to.
This is really work that should be being done by people like Dr. Vigo. I thought that’s
why we were spending tax dollars on having him consult. I have a lot of concern over
the fact that this is actively going against what he originally had said that we needed
to do.
I do not think that this bill is actually going to do anything for the intended purpose
of strengthening involuntary treatment care. I think that it is definitely going to
help shield the government from any potential legal battles that they might have with
this Charter challenge, but it doesn’t do anything to improve access to care in this
province. That concerns me. This is being brought forward as a health care bill, but
it’s feeling like it’s more of a legal bill.
I don’t know where it came from that the government got the recommendation for removing
deemed consent and not replacing it with anything else, but I have concerns around
that. Was there any consultation done with other provinces? Again, we are the only
province left in Canada that still has these provisions.
Yes, our Mental Health Act is incredibly outdated. I’m not saying that I’m against
looking at updating it and making some improvements, but if there wasn’t consultation
being done, if we didn’t consult with other provinces that have gone through this
— learn best practices, understand what works and what doesn’t — that this feels incredibly
premature.
The problem is that once you remove something like that, you can’t just bring it back.
There needs to be some kind of structure, some kind of framework that is brought in,
in place of that to ensure that we are actually going to have a system that is going
to be functioning that can help to treat people that are suffering.
Again, if anybody listening to this hasn’t experienced either themselves dealing with
significant psychiatric illness or having someone in their family that struggles with
it…. I think probably most have experienced that at some point, being around somebody
that does struggle like that.
If you haven’t, it’s very difficult to understand just how common it is for someone
if they finally get diagnosed and they finally get the help that they need. They finally
get treatment. They finally get medications, and they start to feel better…. It doesn’t
take very long for them to start to think: “I’m better now. I don’t need the medication
anymore. I don’t need the treatment anymore. I’m feeling great.”
At that point, by any kind of legal capacity test, they would be considered capable
of making that decision for themselves. They would be considered capable of determining
whether or not they need to continue with treatment or if they can discontinue the
treatment and be fine. The problem is I’d think that the clinicians would know that
as well. They’d be very cognizant of that. They would recognize this is a person that
has struggled with severe psychiatric illness for a long time.
Once the medications wear off, they’ll be right back where they started, and they’ll
have no legal recourse to stop them from getting off of those medications. That’s
incredibly concerning. I don’t think that the average British Columbian recognizes
— although they may now because of things that have happened recently — just how many
people are living in community under the Mental Health Act that are mandated to get
medications, usually by an injection, every couple of weeks.
I’m not saying this to disparage those people, because I think it’s incredibly important
that they have this opportunity so that they can feel well, so that they can live
a normal life. But if they have the ability, whenever they feel like it, to just get
off their medications because they’re feeling well at that moment, we could see things
like what happened at the Lapu-Lapu Day festival again.
We could see more tragedies, and I don’t feel like we’ve worked in any kind of safeguards
here to ensure that that doesn’t happen again. Psychiatric illnesses like schizophrenia
don’t go away. There’s no cure for that. You can medicate it, and that’s about all
you can do. You can treat, but there’s no way to completely stop it from coming back.
If we don’t have some kind of a safeguard in place to make sure that doesn’t happen,
I’m worried that we’re going to make this system worse, not better.
Another piece of that is definitely people that suffer from delusions, people that
are living on the street. It’s a very common situation that you’ll come across with
people that are unhoused that are struggling with substance use. It’s really common
that they will also have some kind of a psychiatric condition. Typically people will
self-medicate in those situations, and they’ll end up on the street.
I spend a lot of time doing outreach work with people in those situations. I would
say you get to know somebody fairly well. You can have a conversation with that person
one day and they seem fairly coherent and capable of making decisions for themselves,
and the next day they’re not. This is not something that’s just going to be the exact
same every day.
[2:15 p.m.]
Again, if that person presents to a psychiatrist and they’re having a particularly
lucid moment, a lucid day where everything seems fine and they don’t feel like they’re
going to need any more help, they could then be released and end up doing more damage
to themselves.
Another part of this is that when psychiatric patients aren’t getting properly treated,
again, like I said, they tend to turn to self-medicating. It’s incredibly difficult
dealing with psychiatric illness. For the person that’s experiencing it, for what
it does to your mind, it’s incredibly difficult.
As somebody that has experienced this and has experienced using illegal substances
to try and self-medicate it, it’s a very simple trap to fall into. You don’t feel
well. Something doesn’t feel right. You feel like your brain doesn’t function like
everybody else’s, so you find a way to self-medicate and to deal with it another way.
We know what happens. We know what the outcomes are there. You either end up overdosing
and dying or overdosing and ending up with a permanent acquired brain injury. And
that brain injury gets worse every single time that you overdose.
Again, this is not something that is treatable. It’s not something that’s reversible,
but it is preventable. That’s where I get frustrated that this government isn’t doing
something more to prevent that from happening, to build out the capacity that we need
to be able to treat people early on, to be able to ensure that they don’t end up in
a place with an acquired brain injury.
I mentioned it to the Health Minister very recently when she visited my riding — about
the need for us to be able to take a look at this epidemic that we have now of people
with acquired brain injuries as a result of repeated overdoses. Why are we not looking
at legislation that brings forward better education for people, on what repeated overdoses
can do to you — can do to your brain?
Many people think that naloxone exists now, and it’s okay because you can be revived
and there won’t be any real consequences, but there are. Every single overdose means
that you aren’t getting oxygen to your brain, and you are ending up with a brain injury.
You keep repeating that over and over again, and unfortunately, you end up with people
that have lost all function and ability to care for themselves.
Even further to that, why don’t we have any kind of a facility for people that are
in that position, to be able to give them some dignity and some care? Why are we okay
with just leaving them on the street?
I don’t know how to fix all of these problems, because it doesn’t seem like the government
wants to fix many of them, but I am hoping that we can at least work across the aisle
on this piece of legislation in committee stage and make some amendments that need
to be made to ensure that it’s going to actually work for British Columbians, that
it’s going to address the problems that it needs to address. Hopefully, it can address
the problems that government is seeing right now and the potential of this Charter
challenge at the same time.
I’m willing to work across the aisle and try and make sure that that happens, but
what I’m not willing to do is risk that we move forward on a piece of legislation
that may handicap us later from being able to implement involuntary care properly.
I’m not willing to do that. I will do everything in my power to ensure that doesn’t
happen, because involuntary treatment is absolutely necessary at this point. We cannot
wait any longer.
When I began my speech, I did mention that at this point, without bringing forward
legislation in this session that allows for involuntary treatment, we will likely
lose another 450 British Columbians by the time we show up here again for another
session to potentially be able to bring forward that legislation.
It’s 450 people that will most likely die in this province if we don’t make sure that
we do something now to prevent that from happening; to give our health care system
the tools it needs to be able to treat people when they’re dealing with those concurrent
disorders; to be able to ensure that even when they don’t want that treatment, if
we can tell that it is in their best interest, that they will have no standard of
living, no dignity if we don’t or that they may potentially die, we can then implement
that care.
That is compassionate. That is important. It’s not something that we can continue
to ignore any longer, so I really hope that both sides of the House are willing to
work on that in committee stage and work on some amendments to be able to make this
legislation something that we can support. But at this point in time, I cannot support
handicapping ourselves and not allowing ourselves to move forward on involuntary care.
[2:20 p.m.]
Jeremy Valeriote : I just want to start by appreciating the member for Skeena relaying personal lived
experience, recounting it, and how important that is in this discussion.
Thank you.
I’m pleased to rise to speak to Bill 32. I’m still getting up to speed when it comes
to being an effective critic for health and mental health in this Legislature, but
I am inheriting an immense amount of work and expertise on this file from my predecessors
Sonia Furstenau, Adam Olsen and the many caucus staff that have supported elected
Greens.
For years, the B.C. Green caucus has been calling on this government to reform the
outdated and archaic Mental Health Act. My colleagues have worked closely with health
professionals, people with lived and living experience and disability, justice and
human rights advocates to gain a comprehensive understanding of mental health legislation
in B.C. We’ve seen countless reports detailing the inadequacy of the current mental
health regime and all the ways it must be reformed to meet basic standards of human
rights and dignity.
This legislation hasn’t been substantially updated in almost 30 years, and it contains
much of the same wording from when it was first devised in 1964. After more than 60
years of tinkering around the edges, I was expecting to stand to celebrate the long-awaited
overhaul of the Mental Health Act. Instead, I’m standing to speak to a minor shuffle
of two clauses. To say I’m disappointed is an understatement.
B.C.’s Mental Health Act, last substantially updated in 1998, still authorizes coercive
health measures and is out of step with modern evidence-based understandings of mental
health and illness. It’s time for the act to be overhauled and oriented toward creating
the conditions for all people to be well, informed by those who are or have been directly
impacted by this legislation.
It is somewhat suspect that this government is making minor changes to an outdated
piece of legislation for the sole purpose of defending itself in a Charter challenge.
I’ll dive deeper into these concerns throughout this debate, on which I will be the
designated speaker.
In 2016, the Council of Canadians with Disabilities and two individuals challenged
the constitutionality of B.C.’s mental health legislation. The plaintiffs argue that
B.C.’s Mental Health Act violates sections 7 and 15(1) of the Charter of Rights and
Freedoms.
For the record, these sections read:
Section 7: “Everyone has the right to life, liberty and security of the person and
the right not to be deprived thereof, except in accordance with the principles of
fundamental justice.”
Section 15(1): “Every individual is equal before and under the law and has the right
to the equal protection and equal benefit of the law without discrimination and, in
particular, without discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.”
Although the two individuals dropped out of the case, the Council of Canadians with
Disabilities continued the Charter challenge.
In 2022, the Supreme Court of Canada unanimously determined this case did pass the
test to be considered in the public interest. The legal case, known as the British
Columbia Mental Health Act Charter challenge, began earlier this year, on May 29.
The final arguments took place between October 28 and November 6.
The Council of Canadians with Disabilities, which I’ll refer to as CCD from here on,
argued that they are not seeking to eliminate involuntary treatment nor change who
can be detained or how long or the legal criteria for admissions. With this Charter
challenge, they’re seeking to ensure that when psychiatric treatment is forced, it
is done so with dignity, oversight and involvement of the patient’s trusted supporters.
As many experts and advocates have so astutely identified, we do not have to choose
between public safety and individual rights. We can have both.
That starts with creating a Mental Health Act that wasn’t drafted during the same
time when residential schools were operating, whose non-consensual medical experiments
continue to harm Indigenous survivors today; during a time when involuntary sterilization
against people who were declared mentally defective was common practice; and when
being queer was determined to be a mental disorder. We can do so much better than
a 60-year-old piece of legislation that has barely been updated in the past 30 years.
[2:25 p.m.]
Anne Levesque, co-chair of the disability justice litigation initiative of the CCD,
writes:
“Waiting for the courts to force change wastes precious time and public resources
that could be better spent on designing a new Charter-compliant mental health system
in collaboration with experts, service providers, families and people with lived experiences.
“Meanwhile, substantial public funds are being spent on government lawyers to fight
a legal battle defending a regime that is clearly unconstitutional and fails both
patients and public safety. That money would be far better spent consulting with experts,
families and people with lived experiences and developing legislation that upholds
constitutional rights and keeps communities safe.
“The time for delay is over. The B.C. government must act now to rewrite the Mental
Health Act in order to protect the public and respect Charter rights.”
The piece of this legislation that has faced particular scrutiny in this trial is
the very
section that is being repackaged in these proposed changes.
The heading for
section 31 reads: “Deemed consent to treatment and request for a second
opinion.” Subsection (1) reads: “If a patient is detained in a designated facility
under
section 22, 28, 29, 30 or 42 or is released on leave or is transferred to an
approved home under
section 37 or 38, treatment authorized by the director is deemed
to be given with the consent of the patient.”
The government says that
section 31(1) was added in 1980 in response to a Supreme
Court of Canada decision. This court decision found that involuntary treatment could
be constituted as battery. This
section was added to protect health workers from being
liable in a tort of battery.
Let me read into the record a guidance document prepared by and for the government
of Canada in 1981, titled “Legal Aid for Mental Patients”:
“Civil commitment must be seen as an extreme form of state intervention, representing
as it does the deprivation of our most fundamental rights, and particularly the right
of autonomy over physical self.
“Given the loss of liberty, privacy and self-determination and the dramatic consequences
of hospitalization, it is not surprising that many have begun to ask basic questions
about involuntary commitment. When is it justified, and how best can one achieve a
balance between freedom and protection of the individual and society?
“The difficulties in psychiatric assessment and diagnosis are not surprising. Mental
illness is a complex phenomenon which cuts across medical, normative, cultural and
ethical considerations. This, then, is not a criticism of psychiatry or psychiatrists,
only a further indication of the need to deal with the inevitable ambiguities in all
mental health legislation and to protect the individual from the uncertainties in
the consequential diagnostic process.
“In short, unsure diagnosis can be successively qualified and modified in an ongoing
voluntary treatment relationship, but it must be subject to close scrutiny and challenge
when it is the basis for committal.”
As I highlight in these quotes from 1981, this country has recognized the complexities
that arise from involuntary treatment. Why, then, I wonder, has it taken the B.C.
government so long to address the outstanding concerns of its outdated Mental Health
Act? And why is this B.C. NDP government only just now tinkering around the edges?
When asked to provide commentary on this government’s review of the Mental Health
Act, the Premier said this:
“Our reluctance to enter into this modernization of the act before the trial was complete
is we’re going to get a judgment from the court, and it’s going to tell us about the
direction to go in terms of being compliant with rights. Also, it presents a risk
to our trial and to the case to suddenly change the law in the middle of the case,
but I think the moment that we’re now in requires that we move ahead regardless and
accept that risk.”
So why, I ask again, are these changes coming before the court case has concluded?
We’ve heard two justifications from this government. They’ve argued that they need
to provide certain protections from liability for health care workers, particularly
in a tort of battery when providing involuntary treatment. The second justification
is that health care workers are afraid of providing treatment to involuntary patients
because protection from liability is unclear in the existing legislation. Some argue
that provincial health authorities are, therefore, not forcibly treating enough people.
I’ll say this. We aren’t aware of any health care worker groups that have said they
are concerned about liability when delivering treatment involuntarily under the Mental
Health Act. This government says that they’re seeking to enhance the protection of
liability for health care workers while also saying that this protection from liability
is baked into the existing legislation and that these amendments don’t actually change
the function of the act.
I come back to my initial questions. Why this, and why right now?
The intent of
section 31(1) doesn’t matter. We must face reality and be honest about
the ways deemed consent has caused harm. This clause was added in the 1980s. Why hasn’t
this changed since then?
[2:30 p.m.]
As identified by the Office of the Ombudsperson, more people are being involuntarily
detained under the Mental Health Act than ever before. Each year in B.C., the Mental
Health Act is used 30,000 times to involuntarily detain individuals experiencing mental
health and/or substance use challenges. This number is over double what it was ten
years ago. I’ll add that the 20,000 people this involves amount to about half a percent
of B.C.’s population. That’s one in 200 people.
The Ombudsperson’s first report in 2019, called Committed to Change: Protecting the Rights of Involuntary Patients Under the Mental
Health Act , found a striking lack of compliance with the legal documentation required on involuntary
admissions under the Mental Health Act. “A detailed analysis of mandatory admission
forms found that across the province, all of the required forms were completed in
only 28 percent of involuntary patient admissions.”
In the 2022 Committed to Change report update, the Ombudsperson wrote: “We are encouraged by the fact that government
and the health authorities have made substantial progress in developing auditing systems
to increase oversight and accountability for form completion and to improve training
for staff and physicians since Committed to Change was issued. As this report highlights, however, there is significant work ahead to
ensure that the systemic issues we identified in those areas in our report, particularly
related to independent rights advice, are fully addressed.”
We must recognize that being involuntarily detained and forcibly treated can be an
extremely traumatizing experience. Many people say they fear being detained again,
so they will avoid seeking help from health professionals.
We continue to see the horror stories coming out of each report that analyzes the
system of involuntary treatment in B.C. People have been forcibly injected with medication
and sedatives, physically restrained and given electroconvulsive therapy. These experiences
have created a culture of avoidant care, meaning that if there is a risk of harmful
apprehension, people are less likely to seek care in the system. This applies to the
police, health and mental health systems.
I’ll read some of the concerns about the current Mental Health Act, as identified
by Health Justice.
“The Mental Health Act authorizes detaining hospitals and facilities to ‘discipline’
patients. This means that patients can be solitarily confined in seclusion rooms,
mechanically restrained with straps that tie them to their beds or otherwise punished
during their time in hospital. There are no limits on when, how, why or how long someone
can be disciplined, and no review process.
“The Mental Health Act removes health care consent rights for involuntary patients.
All involuntary patients can be administered any form of psychiatric treatment the
facility chooses, without consent from the patient or their families or personal supporters
who know them best.
“Finally, the Mental Health Act fails to address many important aspects of daily living
conditions that could support recovery. There are no patient rights to access phones
or computers, to receive visitors, to protections during clothing removal or to grounds
passes to get exercise or fresh air. The result is that many involuntary patients
experience unnecessary trauma, isolation and alienation from the health care system.”
Yesterday an
article was published in the Canadian Medical Association Journal titled “Involuntary Treatment for Substance Use: Application of Kass’s Ethical Framework
to Alberta’s Compassionate Intervention Act.”
In the concluding sentences, the authors write: “Resourcing evidence-based, community-led
voluntary services would likely yield better substance use and mental health outcomes
than involuntary care. Instead of instituting ethically fraught interventions with
weak evidentiary support, Alberta and other provinces should strengthen and evaluate
a full spectrum of patient-centred, evidence-based services, including supportive
housing and community resources for patients who already require care under the existing
Mental Health Act or are seeking trusted care on their own terms.”
I’ve heard this time and time again. Many involuntary admissions are people who sought
voluntarily care days, months or even years before being admitted but were unable
to get connected with the right care at the right time. To me, this speaks to a fundamental
flaw with our health system and something this government has a particularly difficult
time reckoning with.
The least restrictive care is also the least costly, both in terms of financial costs
and societal costs. Yet here we are debating the merits of minor changes to an outdated
act instead of talking about the systemic reforms that must happen to improve the
well-being, health and safety of our entire province. A mental health legislation
framework can protect both human rights and public safety. It’s not one or the other.
But this government continues to operate as if it were 1981.
[2:35 p.m.]
In our current system, involuntary treatment can play a role in a comprehensive mental
health system, but it must be used responsibly, with proper supports after discharge.
Alongside this, we urgently need a strong, preventative approach and substantial investment
in mental health services.
When people are involuntarily admitted and treated in B.C., they are often discharged
from hospital with little continuing support. They may be discharged into conditions
that are not appropriate for full and ongoing recovery or care. This government fails
to identify an involuntary treatment regime that ensures that people have safe housing
when they’re discharged or ongoing counselling and mental health supports.
People will not magically get better after being detained for a few weeks or months.
Mental health and substance use management are long processes. We’ve already heard
about the dangerous impacts of involuntary treatment without long-term-care plans.
People will be released with no safe place to go. For people with substance use issues,
the rate of relapse, sometimes fatal relapse, is incredibly high.
Housing, nutrition, community-based counselling and mental health care are all fundamental
to creating the conditions to be well and thrive.
In their position paper titled Involuntary Care: Criminalization by Another Name, Pivot Legal Society writes:
“Rather than supporting expanded involuntary or carceral treatment, we endorse supports
and services that directly meet people’s material needs, built on a framework of consent,
capacity, cultural safety and peer leadership.
“We call on all levels of government to invest in robust access to voluntary treatment
options, including primary care, detox, treatment programs, publicly funded counselling
services, residential mental health services, harm reduction programming, safe supply,
family programming, culturally affirming options, and treatment modalities that reflect
the intersecting identities of all those who seek and/or desire mental health and
substance use support and care.”
As I voice my criticism for this government’s reactionary approach toward mental health
reform, I will identify all the things that must be done to build a system of mental
health care that truly meets the moment we’re in.
Firstly, as mentioned, we need a comprehensive overhaul of the Mental Health Act to
bring it in line with human rights. B.C.’s Mental Health Act has been criticized for
non-compliance with the United Nations convention on the rights of persons with disabilities
by the special rapporteur, following an inspection of Canada, who found that: “The
Mental Health Act of British Columbia contains very broad criteria for involuntary
admissions and, once detained, a person can be forcibly treated without their free
and informed consent, including forced medication and electroconvulsive therapy.”
This legislation provides little to no oversight or accountability. Where does liability
then lie if and when harms occur? Experts and advocates have been calling on this
government to create an independent office of the mental health advocate that would
provide individual and systemic advocacy aimed at improving mental health care systems
in B.C. If there’s no process for addressing concerns, systemic reform will never
happen.
We also need to improve the emergency response system. Far too often, police are the
first to respond to people experiencing a mental health or substance use–related crisis.
Experts, advocates, people with lived and living experience and those working on the
front lines have stated that police are not an appropriate response to mental health
crises.
Crisis Centre of B.C. has called for an equally strong investment in prevention, crisis
response, post-discharge supports and the dignity and autonomy of people in distress.
Our priorities for emergency mental health response include: (1) integrating mental
health as a fourth option in 911; (2) increasing crisis line funding to enhance capacity
to manage diverted 911 calls and create consistent protocols for 911 operators, emergency
responders and mobile crisis teams to ensure coordinated and effective mental health
crisis responses; (3) expand the PACT, peer assisted care team — now rebranded as
CRCL, crisis response, community led — that has been highly effective in three communities;
partner with local organizations to introduce these teams in more communities and
extend the service hours of existing teams.
Gaps in the mental health system can result in very poor outcomes for those who are
not being served. There’s currently a glaring gap between the pediatric and adult
mental health system. Our priorities include addressing the abrupt transition between
pediatric and adult mental health care by ensuring seamless and effective connections
to support services at all stages of life.
There should be psychologists, counsellors and social workers in every school, based
on a per-student ratio. All students should have access to mental health professionals
in their learning environments. Voluntary trauma-informed mental health services must
be available and accessible when people seek help. Currently it can take months or
years to get connected with the mental health care people need.
[2:40 p.m.]
The public system is failing to deliver the level of services needed, and many people
seek support in the private system. The private system is unregulated and extremely
expensive. For those who don’t have the funds, they need to seek private care. People
are simply not able to access any level of mental health support. This can escalate
and create conditions of crisis.
The Charter challenge has been proceeding since 2016, and the government could have
introduced these amendments at any time. Why is it choosing now to make these changes?
It appears the Attorney General and the Minister of Health know that they will lose
this case as it currently stands and are seeking to make a Hail Mary.
More than 20 years ago the Supreme Court of Canada found that the right to refuse
unwanted medical treatment is fundamental to a person’s dignity and autonomy. The
right is equally important in the context of treatment for mental illness.
The CCD stated in 2022 that the B.C. government could simply stop its campaign to
preserve B.C.’s outdated and unconstitutional forced psychiatric treatment laws and
instead get to work building a mental health system that provides top-notch health
care without trampling people’s rights.
B.C. is an outlier in Canada. It’s the only province where people detained under mental
health laws are automatically deemed to consent to any treatment authorized by the
facility, regardless of their wishes or capacity, with no right to name a substitute
decision-maker, no ability to appeal a treatment decision, no independent oversight.
Treatment is often imposed through isolation, physical restraint or security force.
In
summary, the Third Party caucus is concerned that this is a small-scale reaction
to a long-standing court case that overshadows the need for systemic reform, including
better access to voluntary treatment and improving mental-health-oriented emergency
response. We will be closely involved with scrutinizing this bill through the committee
stage if it passes second reading.
Elenore Sturko : I’m pleased to be able to rise to speak to Bill 32, Mental Health Amendment Act (No.
2), 2025.
I’ve been putting a lot of thought into this over the last 24 hours, and I’ve been
thinking about my reasons why I came from my policing career to become a politician
and to represent my community. The number one reason was because I wanted to see change
in the way that we treat people with mental illness in B.C.
As a police officer, I had a lot of experience apprehending people under the Mental
Health Act, intervening with families in crisis, and there’s a lot of work to do.
I would say that the biggest piece of the puzzle that’s missing is just a lack of
services.
Knowing how much of my own personal life, even, I have put aside to try to advocate
for more for British Columbians, and seeing this bill come forward, Bill 32, and what
it’s missing for British Columbians, is one of the biggest disappointments that I’ve
had since coming to this place. It really does not even get to the core of what I
think are the most fundamental issues regarding our mental health crisis that we have
in British Columbia.
Before I get into more of my speech, there is something that I want to address that
was said by my colleague from the Third Party. He characterized using chemical restraints
and using seclusion as a punishment. While it could be viewed, perhaps, by some as
a punishment, in reality, these are treatments that are sometimes medically necessary.
For example, if a person is in psychosis and violent and actively trying to harm other
people, harming health care workers, harming themselves actively, trying to hurt other
patients or inmates in the forensic system, sometimes, though they might seem harsh,
these are required treatments that are engaged to protect people from violent and
harmful behaviour on themselves or others, even homicidal behaviour.
While I can understand that for some British Columbians, some of the procedures and
means of care that get used to help restrain or to help isolate people in an extreme
crisis where violence and danger are a reality…. These are the realities of what sometimes
has to happen.
[2:45 p.m.]
We need to be careful, as people in this place. To characterize these types of sometimes,
in exigent circumstances, required treatments as somehow being a punishment or something
that we need to never do…. Unfortunately and sadly, there are sometimes circumstances
that we have to use things like that to keep others and keep people within our system
safe.
Like my colleagues, I do have concerns about Bill 32 appearing to just be a response
to the Charter challenge that has been launched, particularly with respect to
section
31 of the Mental Health Act, the
section which speaks to deemed consent. I just find
that the timing is incredibly suspect.
Of all the things that we could do to modernize this act, why, coincidentally, is
it this particular
section that this government is looking at when it happens to also
be the subject of a Charter challenge, a court challenge? As many of my colleagues
in here have already pointed out, it seems like the government is on the losing end,
at this point, of that court challenge.
I also have questions, to be honest, about the
section 16 amendments that are being
proposed, and I wonder if these are related to other recent lawsuits.
Even when I was the critic for Mental Health and Addictions from 2022 until 2024,
I can’t think of any circumstances where anyone had come to me — a health care worker,
a doctor or someone in the health care system, or a family — that talked to me about
taking civil action, launching a lawsuit against the health authority or a specific
health care worker with respect to treatments that were given in good faith, to a
loved one or to themselves, under the Mental Health Act.
Coincidentally, recently there were two civil suits, notices of civil claim launched
in B.C. Supreme Court, one being in relation to the Lapu-Lapu tragedy, and the other
being in relation to a young man that died on the grounds of a hospital in Vancouver.
He was apprehended and certified under the Mental Health Act, was receiving treatment,
died on a bench and wasn’t found for several days.
He was considered to be AWOL, and this person had actually died. Although staff had
said that they had been searching for this individual and security had been searching
for them, they never found them on the grounds of their own hospital — someone in
the care of the government. We’re supposed to be looking after people like this who
are vulnerable.
I will be really looking to the government to confirm that the aim of this bill is
to inoculate community care teams and the province from civil liability for claims
related to forced treatment or involuntary care for people with comorbid mental health
and substance issues that represent dangers to themselves and to the public and not
to inoculate the government, specifically the Vancouver Coastal Health Authority,
for any civil liability arising out of the Lapu-Lapu festival tragedy.
The allegation is that VCHA knew or ought to have known that defendant motorist Kai-Ji
Adam Lo represented an imminent danger to himself and to the public, and that he should
have been committed to involuntary care at the time of the Lapu-Lapu festival tragedy.
It wouldn’t surprise me. That’s the thing. It wouldn’t surprise me, with this government,
if that were the intent, but it’s hard to know, because this bill is so incredibly
flimsy. Given the scope of the challenge that we have in this province, to see two
sections…. One of them is a complete repeal of deemed consent, and there are lots
to consider with deemed consent.
I think that the conversation and the debate, as it continues talking about looking
at ways to get consent from individuals under the Mental Health Act, to have them
participate with consent in their treatments, is a good debate to have, but what will
the impact be of repealing that? Are there going to be consequences? For example,
will this delay care?
We have the Red Fish Healing Centre in the Lower Mainland. It services all of British
Columbia for people with complex mental health and addictions concurrently, and there’s
at least a three-month waiting list to get in there.
[2:50 p.m.]
We have people who are certified and are receiving care at places like Red Fish or
any other hospital. If they don’t consent, or, let’s say, they don’t have the cognitive
ability — if they have been assessed, and they can’t make that decision — and someone
who is their substitute decision-maker does not consent to the treatment, will it
prolong the period of time that they’re going to be kept in the hospital for? They
don’t have the support, in terms of medication or a treatment plan, that they need
to then be discharged. Will it make the wait longer?
Like my colleagues, I’m really concerned, to be honest, also about the fact that we
have a repeal of
section 31, deemed consent, but I don’t see anything else inside,
in terms of a framework within the Mental Health Act.
If we default then to the Health Care (Consent) and Care Facility (Admission) Act
and we look at the exception to getting consent from an adult…. The exception under
section 12(1) of the Health Care (Consent) and Care Facility (Admission) Act is: “A
health care provider may provide health care to an adult without the adult’s consent
if it is necessary to provide health care without delay in order to preserve the adult’s
life, to prevent serious physical or mental harm or to alleviate severe pain.”
Sub (
b) is: “the adult is apparently impaired by drugs or alcohol or is unconscious
or semi-conscious for any reason or is, in the health care provider’s opinion, otherwise
incapable of giving or refusing consent.” Perhaps this is something that should be
added to the Mental Health Act. Why is it left out? Why are we leaving these gaps?
Since 2017, this government has been in power and has had the power. As my colleague
from the Third Party pointed out, this Charter challenge has been going on since 2016.
There was plenty of time in nearly a decade to have found more language to put into
section 31.
What happens, then, if the substitute decision-maker refuses the treatment plan for
a person? Under the Mental Health Act, will they be able to go and apply for a court
application to get a court order to give court-mandated treatment to someone? What
if that person is posing a risk to public safety? Will this delay care?
There’s just not enough in this bill that tells us what’s next, which is why I have
such a hard time believing that this isn’t simply a reaction to a court case the government
is losing. Otherwise, you would have more details here. This is far too important
for our province not to have something more.
Apart from the glaring omission, I would say, of not having a framework in place in
the Mental Health Act, even to specifically talk about the other parts of other legislation
that would then apply after the deemed consent would be repealed from our Mental Health
Act, is a complete lack of a plan….
What’s the plan for British Columbia? This is a government that’s overseen the deadliest
overdose crisis in the history of not just British Columbia, of Canada. We have so
many people with acquired brain injuries. We have people with concurrent disorders
languishing on the street. We have an absolutely out-of-control crisis with people
with untreated illnesses, mental illnesses, on the streets, unhoused.
And this is the bill. Since 2017, this is what they have been working on. They should
be ashamed. This government should be ashamed of itself.
Deputy Speaker : Sorry to interrupt, Member.
Peter Milobar : I seek leave to make an introduction.
Leave granted.
Introductions by Members
Peter Milobar : Thank you to the member. I was waiting for a pause, so that worked out well there.
Thank you for that.
[2:55 p.m.]
We have a group here from the Abbotsford Christian School and their teacher, Lindsay
McGrail. It’s 20 grade 11s and four grade 12s.
We’re currently debating a bill in front of the Legislature that would make some changes
to our Mental Health Act and access to care or how health workers provide that care
or not. Hopefully, you find this interesting and you hear various speeches, depending
on how long you are here.
Will the House please make them welcome.
Deputy Speaker : Glad to have you join us, class.
Now we are turning back to Surrey-Cloverdale.
Debate Continued
Elenore Sturko : Welcome to the schools that are coming in here to learn about our Mental Health Act
today.
So many things have happened just in the last three years that I think have been absolutely
horrific for British Columbians. So many of the most significant and devastating tragedies
that have ever happened in the history of our province have happened under the watch
of this government and have a nexus to untreated mental illness and a lack of community
services to support people who are in contact with our Mental Health Act.
I’m going to read through a few of the significant ones that have happened, because
I think that in terms of this bill and highlighting just what a complete missed opportunity
that this bill really represents, I want to read these into the record. These are
examples of mental health system failures leading to violent acts in British Columbia
from 2020 to 2025.
Unprovoked attack, September 2024, downtown Vancouver. A young man, 34 years old,
from White Rock randomly assaulted two strangers. He fatally attacked a 70-year-old
man near West Georgia and Hamilton streets, severed the hand of another victim, which
was later reattached. He attacked that person near Richards and Dunsmuir streets.
The suspect had a long history of mental illness, substance use disorders and over
60 police interactions for mental health crises in Metro Vancouver.
The system failures were that despite a September 2023 assault conviction that this
individual had, he was released with quite light probation conditions and minimal
oversights. Experts who gave their opinion on this cited chronic issues like long
wait-lists for psychiatric treatment, a lack of early diagnosis programs, inadequate
mental health services in jails and unheeded government review recommendations for
better housing and community care following the Riverview Hospital closure.
Of course, this year, April 2025 in Vancouver, a 30-year-old man drove into large
crowds at the Lapu-Lapu festival, killing 11 people, including a five-year-old child,
and injured more than two dozen others. The perpetrator of this, the accused person,
was profoundly ill with severe mental health issues and a history of more than 50
police contacts related to crises.
Hours before the attack, the family member contacted the psychiatric ward about his
deteriorating condition. Police had interacted with him the day prior. No immediate
intervention occurred. Despite the province’s recent launch of ten involuntary treatment
beds and other announcements, this case highlighted the lack of mandatory care pathways
for severe cases, leaving families and police powerless to enforce treatment.
April 2025 in the Coal Harbour area of Vancouver, a man brutally attacked a female
tourist from Toronto, causing a broken nose, black eyes, cuts and severe bruising
to her face in a random stranger attack. This individual was agitated, off his medications,
and he had had a severe mental health crisis the previous year. He had been arrested
two days earlier. This individual had been arrested and despite the family’s pleas
for hospitalization, he was granted bail and then later diverted to a hospital rather
than jail.
Chinatown festival stabbings. This was just a conviction that happened where a 66-year-old
stabbed three people at the Light Up Chinatown festival. Festival-goers were injured
in random attacks. This individual had schizophrenia. He was told by God to commit
these acts, previously found not criminally responsible due to a mental disorder for
the fatal stabbing of his 16-year-old daughter. He had been on an unescorted day pass.
[3:00 p.m.]
We know from the recent B.C. Review Board annual report that the review board talks
about the lack of adequate supports under the forensic system where this individual
was a part of.
After the Lapu-Lapu tragedy, the Premier stood on the steps of this place. The first
thing he did was order a review into the bollards to find out if we have enough security
at events like festivals. We’re in a province that did the Olympics. We have FIFA
coming. And the first course of action is to find out how to do security. Are you
kidding me?
You know how to do security. What you don’t apparently know how to do is fix the mental
health system. And Bill 32 isn’t fixing it, after nearly a decade. It’s outrageous.
Instead of looking so narrowly at the Mental Health Act, which…. There’s no doubt.
As my colleagues have brought up, there are historic issues with even the context
in different times of the Mental Health Act, involuntary treatment. There are many
things that we could modernize and look at here. But it’s not just the Mental Health
Act. It’s the system that supports the Mental Health Act.
With Bill 32, as my colleague from Skeena had pointed out, we’re talking about repealing
deemed consent, allowing for doing assessments of people’s ability to make decisions
or allowing a substitute decision-maker to be brought in, perhaps having to go to
a tribunal or to the courts to seek a court order to treat people — all of which is
not actually defined now, after
section 31 of the Mental Health Act is repealed —
but no context in terms of even how this is going to enhance the supports that people
need.
The government has not committed to a fulsome review of the mental health care system.
They don’t have a plan that we can look to, that we can point to. This is a government
that loves plans as a way of showing that they’re doing something.
They put out these plans, and they love to have a press conference. They have one
for sexual violence. Very good. These are good plans. They have ones for addressing
post-secondary. They have lots of different kinds of plans that you can point to but
none for this. One of the most significant issues that our province is currently facing
and there is no plan.
In their news release, where they were announcing Bill 32, they gave themselves credit
for the number of beds that they have built over the last almost decade, since 2017.
It’s less than 100 beds a year.
Interjection.
Elenore Sturko : Pardon me?
She said she started from scratch, Mr. Speaker.
Deputy Speaker : Members, if we could focus on our Bill 32 this afternoon.
Elenore Sturko : Well, I wouldn’t expect a government that’s failing this spectacularly at mental
health to heckle me while I’m giving a speech on their failures in mental health.
I just read from a bunch of examples of how this government’s failure has killed British
Columbians. Are you kidding me? You’ve got to be kidding me. And to be heckled when
you’re trying to point out the fact that this government, since 2017, has developed
no plan….
I get it. You don’t agree with the way that the previous government implemented and
designed Red Fish Healing Centre, that started Foundry, which you took over as a government.
Thank goodness for the previous government, because then you didn’t really start from
scratch, did you? You had a foundation on which you could build something. But instead,
you’ve been without a plan. And Bill 32 is not a plan.
There have been so many opportunities, so many reports, B.C. Review Board annual reports
pointing to worsening outcomes, worsening numbers of beds, supports for people with
mental illness.
[3:05 p.m.]
What is missing from Bill 32 is a whole lot. And I do not believe that this is anything
more than a response to litigation, as a means of trying to skirt their own responsibility
to the community, to the public.
I’m going to conclude my statements on Bill 32 for now, but I will participate in
the committee stage if it passes second reading.
I would expect the government to do better. If you counted the speeches that were
given in here, not just for bills — private members’ bills, two-minute statements,
five-minute statements, mental health debates — this has been one of the most significantly
spoken about issues in the entire province. The fact that what the government introduces
after nearly a decade in power is repealing one
section and one amendment is a disgrace.
Hon. Sheila Malcolmson : Let me first say, as clearly as possible, in response to comments from both the member
for Skeena and the member for Surrey-Cloverdale — and I appreciate greatly the voices
that both of those members bring to this debate and to this chamber; it is important
— these amendments are unrelated entirely to the tragic events at the Lapu-Lapu festival
in April. This is about protecting health care workers and supporting them while they
provide the crucial front-line care to vulnerable populations.
I’ll also say…. I’m so glad we’ve got so many people in the chamber listening to this
really important debate. I’m going to talk for a little bit. But just in case you’re
going to leave soon, this is an amendment that is about protecting a service that
we already have in the face of a court case. This is not the review of the Mental
Health Act. That work is entirely ahead of us.
This is the smallest amendment, because it’s the amendment that we need right now,
in this time, providing some needed clarity in the operation of the Mental Health
Act, confirming that doctors and nurses and others cannot be sued for doing their
jobs in good faith and with reasonable care and, honestly, making sure that we keep
the tool that we have right now, before we then do the work that is already underway
of reviewing the Mental Health Act and working together.
We can’t predict what the courts will decide, but in the meantime, we are doing everything
we can right now to protect involuntary care in the province so that people who require
it can continue to receive treatment under the Mental Health Act and, also, so that
the brave and dedicated people who provide this essential care are not put in jeopardy
for doing so.
That’s the part of my speech that is just really trying to correct the record. I’ll
now speak in more detail to this very limited amendment, not the last amendment to
the Mental Health Act that this government will be bringing.
Big picture: when adults and young people are in crisis, we want them to be met with
compassion and care. That’s why we have been working to build up a comprehensive system
of mental health and substance use care. It is described in the plan that was adopted
in 2019, Pathway to Hope, and we’ve been building it out — child and youth mental
health care, harm reduction, addiction treatment, recovery services.
Some of the pieces, many of them, are voluntary — the early psychosis intervention
that we stood up, the Foundry centres, the integrated child and youth mental health
teams that break the silos between the health authority and the school district and
MCFD and community service providers. All of these are meeting people where they are
and really recognizing that if we invest early in young people’s mental health, we
can set them up for a lifetime of more success.
[3:10 p.m.]
Bed-based treatment and recovery beds. Red Fish Healing Centre has been mentioned
a couple of times in this debate, a 105-bed site that has a lot of voluntary treatment.
It does have some involuntary beds and floors as well. But it finally broke the logjam
between a health system that said concurrent….
Interjections.
Hon. Sheila Malcolmson : Well, I opened it when I was the minister, and I was so glad to see it open in 2021.
Deputy Speaker : Let’s stay focused on 32, folks.
Hon. Sheila Malcolmson : Yeah.
Road to Recovery. First Nations addiction treatment centres in my own riding, both
the Orca Lelum Youth Treatment Centre…. It’s actually in the riding of my colleague.
I believe it’s my colleague Nanaimo-Lantzville, in his riding. And the Tsow-Tun Le
Lum addiction treatment centre, which is in the riding of my colleague from Cowichan
Valley, both state-of-the-art, brand-new addiction treatment centres.
Assertive community treatment teams that operate 24-7 in a bunch of communities, including
mine in Nanaimo, Gabriola Island. Mobile integrated crisis response programs, pairing
police along with mental health professionals to respond to mental health–related
crisis calls.
All of these voluntary supports have been really important to build up. They continue
to open, and we continue to find new ways to tackle some of the really wicked problems
that are in front of us.
Those are all voluntary supports, but when someone is so unwell that they can’t make
decisions about their own safety and their own health care, we have a responsibility
to step in with compassion and with care. When used correctly and consistently, the
Mental Health Act ensures people suffering from severe mental disorders get the timely
care and protection that they need, even if they are unable to seek it themselves.
I have a quote from a patient who received involuntary care. Initials are E.W.
“My experience with involuntary treatment provides a huge sense of relief, and it’s
the only reason I’m able to function, knowing that if I fall down, something’s there
to catch me. I won’t agree with it at the time, because I’m in a different state of
reality, but it catches me before I make a decision I can’t come back from, like using
hard drugs, committing suicide or harming someone else. I just have confidence that
professionals who’ve worked their whole lives are there to fix my brain, or at least
stabilize it, so I can pick up the pieces again.”
That’s why involuntary care is necessary and important.
The Mental Health Act states that a patient can only be involuntarily admitted if
all of the following four criteria are in place: the person suffers from mental disorder
that seriously impairs their ability to react appropriately to their environment or
to associate with others; the person requires psychiatric treatment in or through
a designated facility; third, the person requires care, supervision and control, in
or through a designated facility, to prevent their substantial mental or physical
deterioration or for their own protection or the protection of others; and finally,
the person is not suitable as a voluntary patient.
Physicians and nurse practitioners apply their clinical assessment to determine the
appropriateness of involuntary admission. The vast majority of people with mental
health conditions are effectively treated on an out-patient basis, but the Mental
Health Act ensures access to care in situations where the person is unable to seek
care themselves due to a state of severe mental impairment.
Right now Mental Health Act admissions occur at 75 designated facilities, including
37 hospitals that are designated as psychiatric units; 13 hospitals that are observation
units, which allow shorter-term admissions; and 25 provincial mental health facilities.
Those are in-patient facilities. And as I mentioned earlier, some of these beds are
at Red Fish.
There are more than….
[The bells were rung.]
Deputy Speaker : Just pause for a moment, Minister.
Sorry for that interruption, Minister.
[3:15 p.m.]
Hon. Sheila Malcolmson : Thank you, Mr. Speaker.
I was listing the Mental Health Act admission locations, 75 different designated facilities.
There are more than 2,000 mental health beds across the province, and 17,000 individuals
were admitted involuntarily last year, some of them admitted repeatedly, so some of
the numbers you see are higher than 17,000, but those are individual pieces.
I read these numbers out hoping that my friend Nanaimo mayor Leonard Krog is listening
in, because as we have had debates over the years about whether there are facilities
and whether we need to build additional facilities, I will often remind the mayor
that we do have, notwithstanding the closure of Riverview…. This, admittedly, was
done very poorly, so far as not having in place the kind of community care and the
more decentralized facilities that had been committed to at that time.
Notwithstanding that failure, there are right now many, many people that are held
against their will within our existing medical system. In addition, there are 18 involuntary
care beds at Alouette Homes in Maple Ridge and ten beds at Surrey Pretrial Services
Centre that opened in the spring of 2025. These are both under the trial we’re doing
around secure care.
Work is also underway to open an additional 100 involuntary care beds in Surrey and
Prince George facilities. We’re also building more than 400 acute care mental health
beds at new and expanded hospitals throughout the province. Whenever you see a new
hospital opening, we have psychiatric facilities built into them. They will be available
to people as these hospital projects are completed.
One recent example is the new Seven Sisters facility in Terrace, with five new mental
health and substance use beds, replacing an old, outdated facility.
I’m going to read another quote, this time from a parent whose daughter received involuntary
treatment. She said: “My daughter would likely be dead or in prison if she had not
been treated in a timely manner when hospitalized for threatening and bizarre behaviour
when in psychosis from schizophrenia. We are grateful that the Premier is amending
the B.C. Mental Health Act to affirm treatment of involuntary patients upon hospitalization.
Treatment stabilizes and enables someone with a serious mental illness to regain judgment
and begin to heal.”
That’s Shirley Chan, the past president of Pathways Serious Mental Illness Society.
So for all these reasons, I support Bill 32 and its amendments to
section 31(1) of
the Mental Health Act to replace the dated language of the existing
section with very
clear language that exists in other health laws in the province that say that health
care workers are protected when they are delivering this involuntary care in our province.
We are in court right now defending the involuntary care provisions of the Mental
Health Act. We think it’s important that these provisions exist and that they remain.
We think it gives people an opportunity to rebuild their lives after facing catastrophic
mental health challenges. It’s important that this tool remains, and we’re in court
making these arguments right now.
This change we’re introducing in the Legislature doesn’t make that court challenge
irrelevant. It doesn’t have an impact on whether or not the court is able to grapple
with this really important question about what limits are on involuntary care or treatment.
I recognize, for the reason that the House Leader of the Green Party outlined, that
involuntary treatment and the conditions which patients experience inside the health
care system are not uncontroversial. It’s vital that care be delivered in the most
dignified and careful and human rights–based framework. It’s important that the courts
are grappling with this question of involuntary care or treatment.
This amendment in Bill 32 just provides health care workers with the certainty that
regardless of the outcome of that court case, those workers will be protected in delivering
care. We need to be very clear that regardless of the outcome of the court case, health
care workers will be protected in the work that they do.
The outcome of this provision passing is that it protects the health care workers
involved in delivering involuntary care so that they know with certainty that they’re
protected in the work that they do and that frankly, for families and for patients,
the tool is protected.
[3:20 p.m.]
That’s why this is such a short bill, because it’s very narrow.
We are updating the language to reflect other health laws in this province that say
very clearly that the health care workers who administer this care under these other
sections of the act are protected from being sued.
It doesn’t talk about patients having deemed to have consented. If this amendment
passes, it just states that the law is standing behind these health care workers who
deliver this care and that they are protected from being sued.
We know involuntary health care is essential, and we know that it saves lives. If
Bill 32 passes, then the amendments will reduce confusion that has emerged about the
authority within the act to authorize involuntary treatment and to better protect
health care workers providing involuntary mental health care to patients. We want
health care workers to be able to focus on providing quality care to their patients.
These amendments won’t have an impact on the way that health care is provided under
the act.
This is status quo, carrying on, while we do the other work of reviewing the Mental
Health Act and bringing in the amendments that other members opposite have described.
Together these changes will help clarify and protect the purpose of the act, which
is to provide treatment to people who require it.
This is not the first time that we’ve amended the Mental Health Act recently in this
Legislature. You’ll remember that during the spring 2022 legislative session, we introduced
legislation to amend the Mental Health Act so that people involuntarily admitted under
the act could access support from an independent rights adviser.
You’ll remember that those changes were introduced by the Attorney General, because
the Mental Health Act’s responsibility is split between multiple ministers. I certainly
experienced this when I was Minister of Mental Health and Addictions. The rights-based
part of the legislation sits with the Attorney General, and it was the AG that brought
that forward.
That was embraced by the Legislature, and it moved forward, and we now have an independent
rights adviser who talks with patients at the point of their involuntary admission
about what their rights are and lets them know that they have the ability to get a
second opinion, for example.
And no, this legislation is not part of the Mental Health Act review that is underway.
That is work that we are committed to doing. This is just another small step along
the way, as was the spring 2022 legislative change.
I’m now going to leave the mechanics of the health worker protection provisions of
Bill 32 and just speak for a couple of minutes about some of the associated work that
is also supporting people on their journey towards full mental health. These are commitments
and actions that have been identified in the poverty reduction strategy that I am
responsible for, where, with inputs from tens of thousands of people across British
Columbia, we developed a vision of British Columbia where people find meaningful and
rewarding work, employment services and other tools and supports that can help them
out of poverty.
These are relevant in a number of ways. We’ve been integrating employment services
into bed-based addiction treatment so that people, while they’re…. They have this
built into their counselling programs. People get jobs and connections that they need
to build a better life, and when they exit the residential bed-based treatment, they
already have a new set of responsibilities, a new set of friends and some more connection
and a purpose in community.
My ministry granted, in 2023, $5 million to the B.C. Canadian Mental Health Association,
and it is using that to pilot this program that I’ve described, integrating employment
services with addiction treatment, in recovery centres in five different communities
— for example, Nanaimo. We just have been really encouraged to see how many people
are exiting treatment with a plan, with a job and with supports in order to be able
to retain that job.
[3:25 p.m.]
In another area, we’ve been working with the National Institute of Disability Management
and Research, NIDMAR, to help people recovering from a physical injury or mental health
challenge to safely return to work. We don’t want people to end up on disability assistance
and not have the supports to lift them back up to a place that they can return to
their jobs.
We’ve had really encouraging outcomes already, showing that early health care and
ergonomic and job coaching interventions can mean that British Columbians with disabilities,
including mental health disabilities, can continue to thrive in the workforce. Again,
that connection of employment is a real protector against mental illness.
We’ve also been so encouraged to have been able to adopt a provincial peer-support
training curriculum, created by Here4Peers, to integrate the valuable contributions
of peer workers and to help people with mental health recover. We’ve also developed
together another British Columbia first, an employer’s guide to supporting and engaging
peer workers.
We’ve also been co-developing and facilitating Indigenous-led programs and support
for Elders, so that people get the care that they need in their own home communities,
supported and surrounded by cultural teachings, again as a way to buffer against mental
illness.
Finally, through our work with Community Living B.C., which is the provincial Crown
that provides community inclusion supports for adults with developmental disabilities,
we’ve been creating new housing options for Community Living B.C. participants who
have particularly complex needs.
Grosvenor House in Surrey is a place that five Indigenous men with mental health and
substance use challenges and behavioural challenges, who had been caught in a cycle
of homelessness, are able to get supports. We’re very grateful to the health authority
for being one of the partners on that.
We have construction starting next year in Prince George, a ten-unit complex care
housing, the first of its kind — a cooperation between B.C. Housing, Northern Health
and Community Living B.C. — for adults with developmental disabilities who have mental
health challenges.
I will close by saying the combination of poverty reduction and employment supports
for vulnerable people that I described at the end of my speech; the standing up of
new, voluntary mental health treatment supports that I described at the beginning
of my speech; and then, at the middle part, the substantial facilities that we have
to house people within the medical system when, because of their mental health challenges
or psychosis in the moment, they are not able to make good decisions about their own
health care….
I offer, again, my support for Bill 32 and its amendment to protect the ability of
mental health workers to be able to administer involuntary mental health care, knowing
how essential it is in certain situations to save lives and ensure that people get
the treatment that they need.
Anna Kindy : I’m here to add my two cents on the Mental Health Amendment Act, 2025. Listening
to the other speakers and hearing that this is the first bill brought by this government
since they’ve been in power for eight years….
When I look at what’s happening on the ground…. I’m going to bring that perspective
a little bit, the context of what’s on the ground, because it’s sometimes easy to
make amendments, and they sometimes sound good on paper, but when you intend to actually
implement them, what does it mean on the ground? Before even knowing what it means,
you have to understand the context of what’s happening on the ground.
I’ve been practising for a long time. Part of my practice was addiction and, obviously,
the dual diagnosis of addiction and mental health…. Often people have that dual diagnosis.
I’ve also been a GP, trying to help people navigate who have mental health issues.
[Mable Elmore in the chair.]
So the context is that sometimes making amendments is meaningless, when you hear the
other side mentioning the number of beds opened and the number of programs they’ve
started or are implementing, when what I’m seeing on the ground is a worsening condition.
[3:30 p.m.]
If you look at talking about the safety issue of our cities…. People from around the
world travel. They come to Vancouver, and they’re shocked when they walk down East
Hastings, and they fear for their safety. That’s real. That has changed. That was
not there 15 years ago to the extent that it is now, and it’s worsening.
Obviously, there’s a safety issue, and part of the safety issue is because people
doing illicit substances get to be brain-injured, and drug use can cause psychosis
and precipitate schizophrenia as well. So we’re dealing with a real epidemic of overdoses
and mental health issues.
If you’re looking at the access to mental health beds, if we’re talking about a patient
coming into the emergency department in terms of the safety of the front lines…. Basically,
section 31 removes a provision that deems patients to have consented to treatment
if the director has authorized treatment.
My concern with this is when other provinces…. There’s a Charter claim against the
province regarding that statement. The other provinces don’t have the same legislation,
but they do have other legislation that allows certification or treatment without
consent in an emergency department. So if we’re concerned about safety, what is the
backdrop of what’s going to happen if we remove that?
If a patient…. I mean, you can’t chemically sedate a patient unless they’re certified.
If you need their consent, well, they’re not going to give you their consent if they’re
in active psychosis, so what options do you have then? Is it physical restraint? Is
it putting a patient in what I call a padded room? That is what happens, right? If
a patient cannot give consent, where will they end up?
The issue, as well, is that you have to play the tape of what our psychiatric world
is like now. Even if you are, at some point, certified, it’s difficult to chemically
sedate a person to the point that you want to sedate them sometimes.
If they’re in a padded room — I’ve mentioned that before in this House — that means
that they need to, hopefully, move into a psychiatric bed. But the issue is that there
are no psychiatric beds. They’re very hard to come by. Patients can stay in the emergency
department for days and weeks in what I would call inhumane conditions.
I’m kind of wondering where we’re going in all of health care, including psychiatric
care, when we can’t access the basics of a hospital bed. I think we need to address
that context to start off with. That’s throughout the province.
In the north Island, we don’t have a psychiatrist. When you’re rural, good luck ever
getting into triage from your own hospital into a psychiatric bed. It’s very difficult.
Then it leaves the safety portion for the health care workers having to deal with….
Also, the inhumane conditions of some of these patients — what they have to go through.
So the context is real.
It was a little bit disappointing, as well, when one of our members here was talking
about…. She views it from more of a legal aspect, having been an RCMP officer. She’s
talking about real deaths of people.
I mean, we do have to show some compassion here. It’s one thing having legislation,
but we also need to have compassion for what’s happening on the ground and what people
go through when somebody has died. I think we need to be respectful of that, and I’m
just going to reiterate that.
[3:35 p.m.]
Coming back to clause 2, of removing the provision that deems patients to have consented
to treatment if the director has authorized treatment, again, other provinces without
deemed consent legislation can treat patients with medication in the ER under their
respective mental health acts.
Do we have that here? Do we have a backup? Because if we’re going to be removing that,
we need a backup. I’m a little bit worried about just having this
section without
having a backup in an urgent situation. I think it needs to be looked at seriously,
because that is an issue.
I also want to say that in medicine, it’s always a balancing act, because you have
to balance the right of the patients as well as medicating or treating the patient
and keeping the health care workers safe. We have to also remember that as health
care workers, we’re not perfect, and we do make mistakes — all of us. As a health
care worker, I’m liable for my mistakes, because I’m not perfect. That’s why we all
get insurance. We know that, potentially, at some point, a mistake will be made.
I find it a little bit concerning, clause 1, which extends liability protection of
providers of authorized professional services, care and treatment. Is there a mechanism
for liability if you do wrong? Because we have to look at the reality on the ground.
Most times it’s very rare that it can happen, but sometimes something can be done
to the detriment of the patient, even in the psychiatric world. It happens. As a GP,
I can prescribe the wrong medication, and a patient gets harm from it. As a surgeon,
I can make a mistake while I operate, and I’m liable. I need a bit of clarification
there, personally, as to what this means — the extension of liability protection to
providers of authorized professional services, care and treatment. It seems very broad.
This is where you start thinking about Lapu-Lapu. Was this a response to Lapu-Lapu?
Was this a response to…?
I have to go and be honest here. It’s not the first time I’ve heard in this House
about the government being liable or the health authorities being liable. That should
be the least of the concerns. It should be the patient’s safety, patients being able
to get timely care, patient safety and front-line safety. But we seem to be more worried
about liability. I think that’s maybe a dangerous precedent to set if that’s what
this clause is saying.
I just think that should be discussed, because like I said, we have to balance the
needs of, obviously, the medical community as well as the needs of the patients. I
think this clause 1 seems to favour one side over the other.
Again, being on the front line…. We’ve all heard about mistakes being done in the
medical field. It happens. You hear about the doctor being sued. It happens. Again,
this is why we have insurance for that. In terms of liability, is it liability for
health authorities? Is this what the concern is? Do people one day…? I’m not a lawyer.
One day, people, if a mistake was done….
Sometimes I think the way lawyers proceed, they sue everybody, as far as I know. They
sue the nurse present, the doctor present, the hospital and maybe the health authority.
Maybe this is what this is about. Is this about protecting the health authorities?
We have to look at if that’s the intent of that clause. I think, again, it’s a dangerous
precedent.
[3:40 p.m.]
We need to look at, again, the balance of keeping patients safe. Health care should
be patient-centred. It’s about outcomes for patients. That’s what we should look at,
outcomes. How do we improve outcomes here? How do we improve the safety of the patient,
the safety of the community?
I think those two clauses, as far as I see it, don’t improve the situation at all
on the ground — especially clause 2, not having a backup to removing a provision that
deems patients to have consented to treatment if the director has authorized treatment.
I’m a bit concerned about that, about the thoughts. I think that needs to be discussed
again.
We go back to how to keep the community safe, and part of how to keep the community
safe, if we’re dealing with psychiatric issues, is access to timely care. Right now
we don’t have that. There are numerous stories we can talk about.
A previous MLA talked about, actually, a physician whose son was certified in hospital
and left on a day pass or left for a smoke and was called AWOL, and he was found four
days later on hospital grounds. Is that patient-centred? Are we thinking about the
patients? Is anybody liable in this case where somebody doesn’t even bother to look
around the hospital grounds to find a young man’s body that was there for four days?
I came across a story recently. A very reputable forensic psychiatrist contacted this
family and told them that their son is one of the worst cases he’s ever seen. This
young fellow is certified but at this point stable because he’s compliant with his
medications. He would be called stable, but he has this sort of explosive way of reacting
to things. His forensic psychiatrist is saying that he worries for the safety of the
community.
Because this young man has also addiction issues, there are not very many places that
can accept people with dual diagnosis. There’s the diagnosis of psychiatric diagnosis
of schizophrenia and also the diagnosis of substance use disorder. There’s Red Fish
right now. One place, Red Fish. The wait time for this patient to get into Red Fish
— again, he’s been identified as “one of the worst cases I’ve ever seen” — is three
months to get into care.
We’re failing in provision of the basic psychiatric care. It snowballs from there.
We can do as many legislations as we want. We put two clauses, but on the ground,
will that change anything? No. It protects the providers, maybe, from liability.
There’s a case in front of the court regarding a Charter for consent. Is that the
reason this is happening? If that’s the case it’s, again, not a solution to w