BC ELECTION
British Columbia (BC) Premier David Eby on Sunday announced those who are severely addicted and mentally ill will be admitted into involuntary care. This announcement came in the lead-up to the provincial election campaign. The premier stated that if reelected, the New Democratic Party would open highly secure facilities to provide involuntary care for people certified under the BC Mental Health Act as requiring that care.
The opioid epidemic has been a public health emergency in BC since 2016. As a response to the growing mental health and addiction crisis, the Province appointed Dr. Daniel Vigo as BC’s first chief scientific adviser for psychiatry, toxic drugs, and concurrent disorders to find ways to support people with overlapping mental health and addiction challenges and brain injuries from toxic-drug poisonings. The government proposes involuntary care measures to support those unable to seek help or medical care independently due to their condition.
Section 22 of the BC Mental Health Act allows a person to be involuntarily detained for up to 48 hours if a doctor deems it necessary for their health and safety, as well as the safety of others. The directors of a psychiatric treatment facility have the power to involuntarily admit a person to that facility if the person meets the criteria for admission under the Act. The new proposal put forward by the premier on Sunday would expand the definition of s.22 to include people struggling with drug addiction.
Under the Canadian Charter of Rights and Freedoms, everyone has the right to liberty (s.7), the right to protection against arbitrary detention (s.9), and the right not to be subjected to cruel and unusual treatment or punishment (s.12). While involuntary detention can impinge upon these rights, the rights may be limited when broader societal interests justify it. The government acknowledged that the decision was made after attacks in the province alleged to have been committed by those who are mentally ill. To strike a balance between individual rights and public safety, the Mental Health Act also contains legal procedures that the facilities must follow to ensure the involuntary admission is fair and appropriate.
The provincial election in BC will be held on October 19, 2024.
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