Mental Health Rights in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
All 13 provinces and territories have their own mental health legislation. Involuntary commitment (also called certification) requires that:
- A mental disorder is present
- There is a risk of serious harm to the person or others
- The person cannot be assessed or treated voluntarily
Hold durations vary by province. In Ontario, an initial 72-hour assessment can lead to formal certification. In BC, the initial hold is 48 hours.
There is a critical difference between provinces on treatment consent: in Ontario, a capable patient can refuse treatment even while involuntarily detained. In BC, the facility director can override a patient's refusal.
Patients who are involuntarily committed have the right to a lawyer, a review board hearing, and periodic reviews of their status. Some provinces also allow Community Treatment Orders for supervised treatment outside the hospital.
When does it apply?
- Anyone subject to involuntary psychiatric assessment or admission in Canada.
- Anyone receiving mental health treatment, whether voluntary or involuntary.
What to Do If You Are Involuntarily Committed to a Psychiatric Facility in Canada
- Know your rights — you must be informed of them upon involuntary admission.
- Contact a lawyer or legal aid immediately if you are involuntarily committed.
- Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.
- Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.
- Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What should you NOT do?
- Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.
- Don't miss the review board deadline — filing quickly is important to challenge your detention.
- Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.
- Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
How British Columbia differs from federal law
BC's Mental Health Act governs involuntary psychiatric treatment and sets out the rights of patients in designated mental health facilities.
- A person can only be involuntarily admitted (certified) to a psychiatric facility if a physician has examined them within the previous 14 days and concluded they have a serious mental disorder, require treatment and care in a facility, cannot be admitted voluntarily, and need to be admitted to prevent substantial deterioration or for their own protection or others' safety.
- Two medical certificates are required for involuntary admission. The patient must be examined by a second physician within 48 hours of the first certificate.
- Involuntary patients have the right to review panels. The patient or a person on their behalf can apply to have the involuntary detention reviewed by an independent review panel at any time. The panel can order release.
- The Mental Health Act allows involuntary treatment of a certified patient, including medication, without the patient's consent — this is an area where BC law differs from the common-law right to refuse treatment. However, the treatment must be authorized by the patient's attending physician and must be in the patient's best interest.
- BC's community mental health services are delivered through the health authorities. Services include crisis response teams, assertive community treatment (ACT) teams, and the provincial Crisis Line (1-800-784-2433).
Additional Steps in British Columbia
If you or someone you know is in a mental health crisis, call 911 for immediate danger, or the BC Crisis Line at 1-800-784-2433 (24/7). For non-crisis support, call 8-1-1 (HealthLink BC) and ask for mental health services. If you have been involuntarily admitted, ask staff about your right to a review panel hearing. Contact the BC Ombudsperson (1-800-567-3247) if you believe your rights are being violated in a mental health facility. The Community Legal Assistance Society (CLAS) provides free legal advice for mental health law issues.
Relevant Law: Mental Health Act, RSBC 1996, c. 288, ss. 22–32 (involuntary admission and review panels); Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c. 181
Common Questions
When does mental health rights apply?
Anyone subject to involuntary psychiatric assessment or admission in Canada.Anyone receiving mental health treatment, whether voluntary or involuntary.
What should I do if I or a family member in Canada is being held in a psychiatric facility against their will?
Know your rights — you must be informed of them upon involuntary admission.Contact a lawyer or legal aid immediately if you are involuntarily committed.Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What mistakes should I avoid with mental health rights?
Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.Don't miss the review board deadline — filing quickly is important to challenge your detention.Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
Mental Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.