Mental Health Rights in Manitoba
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 Manitoba differs from federal law
Mental health rights in Manitoba are governed by The Mental Health Act, CCSM c. M110, which sets out the rules for voluntary and involuntary psychiatric treatment and protects patients' rights.
- You can voluntarily seek mental health treatment at any time. Voluntary patients can leave a psychiatric facility whenever they choose.
- Involuntary committal (being held against your will) requires a physician to certify that you have a mental disorder, you are likely to cause serious harm to yourself or others or to suffer substantial mental or physical deterioration, and you are unable to understand the need for treatment. Two medical certificates are generally required.
- If you are involuntarily committed, you have the right to: be informed of your rights, contact a lawyer, have the committal reviewed by the Mental Health Review Board, and apply to the court for release.
- The Mental Health Review Board is an independent body that reviews involuntary committals. You can apply for a hearing at any time during your involuntary admission.
- Manitoba's community mental health services are provided through the regional health authorities and community mental health centres across the province.
Additional Steps in Manitoba
For a mental health crisis, call the Manitoba Crisis Line at 1-888-322-3019 (24/7) or the Klinic Crisis Line at 204-786-8686 (Winnipeg). If you or someone you know has been involuntarily committed, contact the Mental Health Review Board through the facility or at 204-788-6419. Legal Aid Manitoba provides representation for involuntary patients at 1-800-261-2960. For ongoing mental health support, contact your regional health authority or the Canadian Mental Health Association — Manitoba Division.
Relevant Law: The Mental Health Act, CCSM c. M110; The Personal Health Information Act, CCSM c. P33.5
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.