As BC moves to expand use of involuntary care, ombudsman report highlights shortcomings
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The BC Ombudsman has released a report showing that required forms authorizing the use of involuntary care for mental health issues were not filled out in many cases across the province.
Lokpal Jai Chalke’s report, released on mondayIt is a follow-up to their 2019 report which highlighted lack of safety measures For involuntarily detained patients Under the Mental Health Act.
The Chalke report found that during an audit in 2024 many health authorities were not filling out required consent forms for their patients in almost half of all their cases.
As the province moves towards expansion Use And scope Regarding involuntary care across the province, particularly for people with mental health and addictions, Chalke’s report says more work remains to be done to ensure patients’ rights are respected.
“This is fundamental. This is yours, mine and all of our (freedom’s) interests we’re talking about,” Chalke told CBC News. “It is the right to put someone in a closed facility and keep them there.
“And so the least we can expect is that facilities meet the requirements set out in the (Mental Health) Act so that all our civil rights are protected.”
Chalke’s report showed that 15,580 unique patients were involuntarily admitted in the 2024-25 fiscal year, and just under 21,400 were hospitalized.
They say health officials were clearly making efforts to fill out the required forms, with significant progress made since their 2019 report on the issue.
The Ombudsman said, “But that’s still a long way from where we need to be – that is, in every single case, without fail, if we’re going to take away someone’s liberty, we follow the requirements of the Mental Health Act.”
BC Health Minister Josie Osborne answers questions about the province’s efforts to expand its involuntary care system. She talks with BC TODAY host Michelle Elliott about how the new ‘home-like’ involuntary care space in Maple Ridge will be managed, who will be admitted to the facility, and how a review of BC’s Mental Health Act could impact how the province oversees the system.
Minister says more work still needs to be done
BC patients who arrive at a health care facility and are deemed to have a mental health disorder that requires treatment – but cannot voluntarily admit it and are considered a risk to themselves or others – may be admitted involuntarily if a health care professional decides.
Mental Health Act States that the director of a specified involuntary care facility may admit and detain persons for up to 48 hours for examination and treatment.
BC doctors and other health-care workers have been given updated guidance on involuntary care for youth when they can’t or won’t care for themselves. Parents of children who have died from illegal drugs say change is needed to save more lives. But as Pinky Wong points out, others worry it could turn young people away from help.
Chalke’s report revealed that required paperwork – including the physician’s assessment of whether the patient could consent, and the reasons for admitting them against their will – were not being filled out in many cases.
Johnny Morris, CEO of the BC division of the Canadian Mental Health Association, said Chalke’s report comes at a time when the province is expanding the use of involuntary care and creating more involuntary care beds across B.C.
“If the government wants to continue to do that, I would say the moral imperative is to ensure strong safeguards, not weak safeguards or absent safeguards,” he said.
Chalke also said in his report that the government has yet to implement such a system. an independent rights advisorFor those who are detained involuntarily, arraignment is automatically attached.
Currently, Chalke says the independent rights advisor is only available if requested by the patient.
At an unrelated news conference in Victoria on Monday, Health Minister Josie Osborne said “huge progress” has been made in filling out required involuntary care consent forms across B.C., but there is always more work to do.
“I have directed health officials to ensure that they are making every possible effort to ensure that the forms are completed completely and accurately and on time,” he said in response to a question from CBC News.
A coalition of advocates gathered Monday to protest the BC NDP’s involuntary treatment expansion. New legislation to strengthen involuntary care will be tabled in the legislature this week. As Michelle Gomez reports, protesters say the proposed expansion is a human rights violation.
