The British Columbia government has introduced last-minute changes to the Mental Health Act during the fall legislative session, a move that critics describe as desperate and poorly planned. The amendment targets a controversial provision that has been subject to legal challenges for nearly a decade.
Controversial 'Deemed Consent' Provision Removed
The bill, introduced on Monday, eliminates what's known as the 'deemed consent' provision in the Mental Health Act. This clause stated that when a patient is detained in a designated treatment facility, 'treatment authorized by the director is deemed to be given with the consent of the patient.'
This legal wording has drawn strong opposition from mental health advocates, patients, and their families. The provision effectively meant that patients subjected to various treatments including medication, physical restraints, and electroshock therapy were considered to have consented to these interventions regardless of their actual wishes or capacity to provide consent.
Government Defends Amendment as Clarification
Premier David Eby defended the government's position, arguing that the 40-year-old provision has been widely misunderstood. 'It has created a lot of confusion and anxiety that we think has been misplaced,' Eby told reporters during the November 25 announcement.
The Premier insisted that the primary function of the section was to provide legal protection for healthcare professionals delivering necessary care. The replacement language specifies that care, treatment, and professional services must be authorized by the director under the Act and covered by a consent-to-treatment form signed according to the Act's requirements.
'It is important, we believe, to ensure that this section is worded in a way that it is clear about what it does,' Eby emphasized. 'That this is not a section that does anything other than provide those frontline health-care workers with the legal support that they are required to do their job.'
Court Challenge Prompted Timing of Changes
The government acknowledged that the timing of the amendment is connected to an ongoing court challenge brought by the Council of Canadians with Disabilities. 'We are in court right now defending the involuntary care provisions of the Mental Health Act,' the premier confirmed.
Eby maintained the government's support for involuntary care provisions, stating that 'We think it saves lives. We think it protects dignity. We think it gives people an opportunity to rebuild their lives after facing catastrophic mental health challenges.'
The government believes that removing what it calls the 'archaic language' of 'deemed consent' will have minimal impact on the court case itself while addressing concerns about the provision's wording.
The last-minute nature of the legislative change has raised questions about the government's planning process, with critics suggesting the NDP administration is making policy decisions reactively rather than through careful consideration.
