People experiencing a mental-health crisis now have a legal right to meet with an independent rights adviser to better understand their rights and the supports available to them, with amendments to the Mental Health Act coming into force.

The Independent Rights Advice Service helps inform people involuntarily admitted under the Mental Health Act of their Charter rights and improves access to justice for vulnerable populations, a Ministry of Attorney General media release said.

The service was introduced in phases over the past two years and is now available throughout B.C. Full implementation was required before the amendments could come into force.

“Everyone deserves to be able to understand and access their basic rights, no matter the situation they are in,” said Niki Sharma, Attorney General. “This free, independent service strengthens access to justice, ensuring that people admitted into involuntary care have the ability to understand what is happening and are treated with dignity and fairness.”

British Columbia’s Mental Health Act allows people with a severe mental-health disorder to be admitted and treated at designated mental-health facilities to prevent the person’s substantial mental or physical deterioration, or for the person’s own protection or the protection of others.

Through the amendments, eligible patients must be informed about their new right to meet with a rights adviser, and facilities that provide involuntary treatment must support patients’ ability to meet with a rights adviser when requested.

The service is free and confidential. It is delivered by the Canadian Mental Health Association, B.C. division (CMHA BC), and operates independently from health authorities and law enforcement.

The Independent Rights Advice Service is available throughout British Columbia, including in mental-health spaces, such as psychiatric and observation units, and some additional areas (such as medical-surgical sites) at all designated facilities in B.C. It is also available to involuntary patients living in the community on extended leave.

Rights advisers are trained to:

* explain rights under the Mental Health Act;

* clarify the Mental Health Review Board process;

* support patients interested in seeking second medical opinions;

* provide information about legal support and legal-aid eligibility.

“Our priority is making sure people get the help they need in a way that honours their rights and their dignity,” said Josie Osborne, Minister of Health. “The Independent Rights Advice Service gives people in involuntary care access to confidential, independent support so they can understand their rights and make informed decisions. This is about putting people first in mental health care.”

Rights advisers are trained in areas such as:

* lived experience of involuntary treatment;

* anti-racism advocacy;

* cultural safety and humility;

* trauma-informed practice;

* considerations in delivering services for children and youth, 2SLGBTQlA+ and/or gender-diverse people, Indigenous people, racialized people and people with cognitive disabilities;

This service is part of government’s work to ensure people struggling with severe mental-health conditions get the best possible treatment, with the dignity and fairness they deserve.

“When someone is detained under the Mental Health Act, it can be a confusing path to navigate alone. The Independent Rights Advice Service, now entering a new phase after almost two years of service, is a powerful source of support, information and understanding. We are grateful to the Province of B.C. for funding this crucial service, to our partners and to the people with lived and living expertise who have guided this work,” stated Jonny Morris, CEO, Canadian Mental Health Association, B.C.

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