B.C. court rules involuntary mental health treatment unconstitutional
Mental Health Act gave facilities too much power over patients' treatment without consent, judge finds. Province has six months to fix the law.
Sources · local media reports
The day's top stories, food & events — every morning at 7. Unsubscribe anytime.
A B.C. Supreme Court judge ruled Thursday that the Mental Health Act is unconstitutional because it gave mental health facilities near-total power to force psychiatric treatment on involuntary patients without their consent.
Justice Lauren Blake said the law violated Section 7 and Section 15 of the Charter of Rights and Freedoms, which protect people's right to life, liberty and security, and guarantee equal protection under the law. The province has six months to amend the legislation or the old laws will expire and cease to be in effect.
The ruling came after a 10-year court case brought by the Council of Canadians with Disabilities, which argued B.C.'s "deemed consent" framework was unconstitutional. Under that system, anyone admitted involuntarily to mental health care was automatically considered to have consented to all forms of psychiatric treatment, regardless of their own wishes.
B.C. did amend its mental health legislation in December 2025 and removed the deemed consent provision. But in doing so, Justice Blake found, the province accidentally deleted its entire authority to provide involuntary treatment. The judge said forcing treatment on involuntary patients without their consent was unconstitutional.
Kevin Love, a lawyer with the Community Legal Assistance Society and one of the lawyers for the Council of Canadians with Disabilities, called it a monumental victory. "This validates that people don't lose their rights the moment they enter the health-care system," Love said.
The ruling does not affect how people can be admitted to involuntary care or challenge the need for that care. Instead, it focused on what happens after admission—whether a facility can force treatment against a patient's will. In all other areas of health care, when someone cannot make their own medical decisions, a family member, trusted friend or legal representative steps in to decide for them. B.C.'s Mental Health Act instead gave that power solely to the facility director.
Justice Blake noted that B.C. is now an outlier in Canada. No other province or territory lacks statutory requirements to assess an involuntary patient's capacity to make treatment decisions, gives a facility head authority to consent to treatment against a patient's will, or has no independent oversight to check the doctor's diagnosis that a patient cannot make their own decisions.
What specific legislative changes will B.C. make to allow involuntary treatment while protecting patient rights to refuse or challenge it?
How will the province ensure independent oversight of treatment decisions if facility directors can no longer unilaterally consent?
We'll update this story as answers emerge.
The facts
What did the B.C. court rule about the Mental Health Act?
Justice Lauren Blake ruled the Mental Health Act unconstitutional because it gave mental health facilities power to force psychiatric treatment on involuntary patients without their consent, violating Section 7 and Section 15 of the Charter of Rights and Freedoms.
How long does B.C. have to fix the law?
The province has six months to amend the Mental Health Act, or the old laws will expire and cease to be in effect.
What was the 'deemed consent' framework?
Under B.C.'s deemed consent system, anyone admitted involuntarily to mental health care was automatically considered to have consented to all forms of psychiatric treatment, regardless of their own wishes.
How is B.C. different from other Canadian provinces on this issue?
B.C. is now an outlier in Canada—no other province or territory lacks requirements to assess an involuntary patient's capacity to make treatment decisions, gives a facility director authority to consent to treatment against a patient's will, or has no independent oversight of the doctor's diagnosis.
