INVOLUNTARY COMMITTALS IN BRITISH COLUMBIA

Since 2001 PSWA Canada has been researching the committal process in Canada with our focus on British Columbia.  We have been advocating for changes to the B.C. Mental Health Act. 

B.C. once had a mental health advocate, but that position was removed after Gulzar Cheema, B.C's Minister of Mental Health stated that he would be a mental health advocate.

But now the government of  B.C.  has no mental health advocate, as the Minister of Mental Health position has been eliminated.

PSWA Canada believes there are times when some citizens are a risk to themselves or others, and may need to be assessed for risk under emergency detention.

Section 28 of the British Columbia Mental Health Act, (B.C. MHA Sec. 28) gives police the authority to detain/arrest apprehend citizens who police believe may harm themselves or others.

Hypothetical Situation

1) Caller calls police to complain about a person who may be at risk of harm to themselves or others. 

2) Police believe caller instead of person with proposed crisis, police take person into custody. 

3) Police transport person to ER, pass along information to ER staff by way of a verbal police report.  (Some police leave written reports, while others do not.)

4) Some police believe they are not obliged to read the detained citizen their Charter Rights, or allow that citizen a call to lawyer, as they are being detained under the BC MHA Sec. 28.

5) ER staff might refuse to allow the "proposed patient" their Charter Rights call to a lawyer, because police may have told ER staff that the person may be dangerous and or violent.  But what if the person is none of those, and someone gave police mis-information, information which the police passed along to ER staff?   Police may not know if the information is true or false and police may let ER staff be the one's to sort it out.

6) ER staff may order the proposed patient (before being assessed) to remove their clothes and put on an E.R. gown.

7) ER staff might drug the detained citizen if the detained citizen refuses to co-operate with ER staff.  Reason:  Wants to get advice from a lawyer, as to advise them of their Rights, and to have the validity of their detention checked and to be released if it is not.

8) A detained citizen may appear delusional if their story is not the same as the verbal report from the police.  (What if a caller fabricated the story they gave to police?)  Misinformation, misunderstandings, how can a detained citizen defend themselves against false information if they are not allowed a call to a lawyer to seek legal advice as what to do.) (Calls to family and or friends are sometimes not allowed.)

Remember the ER staff are busy multi-tasking, have huge case loads, and usually don't have time to allow the detained citizen's wish for a phone call.

Detain citizens if we must! But we don't need to drug, or inject them with syringes because they refuse to see a psychiatrist or refuse to remove their clothes! 

 If a citizen is smashing things or is considered out of control, then restraint by the least means possible could be accepted by Society, but not if a person is refusing to co-operate because of a simple phone call to lawyer!

We are in the process of web changes to broadpowers.com.  We have set aside our other site, in order to get a fresh and clear look.  We want an easy to read site for those looking for answers or advice if we can give it.  We are not lawyers, but we have studied Mental Health Law, and we are doing our best to make change for the better.  Be it advocating for the unlawfully detained, or advocating for families who can't get help for their family member with mental illness, some who may be a risk to themselves or others.

If you know of citizens who may have been unlawfully involuntarily committed, refused calls to family or lawyer, write us.  Same goes for those who have been refused treatment, some after being refused help, may have committed crimes against others or caused harm to themselves or others, please feel free to contact us, it will help with our advocacy work and research.

Send an e-mail to gws2004@telus.net  We have never asked for donations, and no drug companies will ever be allowed to fund any part of our work!