The B.C. government is moving to strengthen legal protections for health-care workers who treat patients held involuntarily under the Mental Health Act, aiming to reduce liability risks as a decade-long Charter challenge nears its conclusion.
Premier David Eby says the legislation is needed to ensure workers can continue providing psychiatric care without fear of being sued, even if the courts eventually overturn the province’s long-standing rules around involuntary treatment.
“This is about immunizing the health-care workers who deliver this care,” Eby said. “They need certainty, no matter what the legal ruling ends up being.”
What’s Behind the Legal Challenge?
The Charter case was launched nearly ten years ago by the Council of Canadians with Disabilities, targeting the Mental Health Act’s controversial “deemed consent” rule.
Under this provision, anyone who meets the criteria for involuntary detention is automatically considered to have consented to treatment — including psychiatric medication or electroconvulsive therapy.
Providers must currently complete consent paperwork stating that the patient “agreed” to treatment, even though the consent is deemed, not verbal or written.
The outcome of the legal challenge could expose frontline staff to lawsuits if the court rules the practice unconstitutional.
What the New Legislation Actually Does
The proposed changes do not alter what treatments can be administered or how involuntary patients are cared for.
Instead, the legislation is narrowly focused on protecting workers from personal liability if the courts strike down “deemed consent.”
Eby says the protections are essential:
“This ensures workers can deliver care with confidence, regardless of how the court interprets the Charter.”
Court Hearings Continue As Legislation Lands
Final arguments in the Charter challenge were heard last week, but the introduction of new legislation means the court will require additional presentations from both sides.
Eby says these extra submissions will help ensure the judge has the full legal picture:
“The court needs to consider the updated law, and both parties must be able to present their strongest positions.”
Province Says Care for At-Risk Patients Remains Essential
Health Minister Josie Osborne, who formally introduced the legislation on Nov. 24, said the province must preserve its ability to treat people who pose a risk to themselves or others.
“Our goal is to make sure people get the help they need, when they need it,” Osborne said. “This change supports the workers who make that possible.”
The province expects the court’s eventual ruling to clarify the future of deemed consent — but says health-care workers cannot be left vulnerable in the meantime.
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