The B.C. Supreme Court has ruled that key provisions of British Columbia's Mental Health Act are unconstitutional, finding the province's involuntary psychiatric treatment regime violated the Charter rights of patients by permitting treatment without first determining whether they had the capacity to consent.

In a decision by Justice Lauren Blake, the court found the legislation granted hospital directors sweeping authority to impose psychiatric treatment on involuntarily admitted patients without first assessing their decision-making capacity, according to Global News.

Justice Blake wrote that the impugned provisions "perpetuate the stereotype that individuals suffering from a mental disorder lack capacity," concluding the law failed to provide adequate safeguards for individual autonomy and informed consent.

The constitutional challenge was brought by the Council of Canadians with Disabilities, which argued B.C.'s approach to involuntary psychiatric treatment infringed the rights of people living with mental illness and disabilities.

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Importantly, the ruling does not eliminate involuntary admission to psychiatric facilities. The court did not strike down the province's authority to apprehend and admit individuals experiencing a mental health crisis. Instead, the decision focuses on what happens after admission, specifically whether treatment can be imposed without first considering a patient's capacity to make their own medical decisions.

Lawyer Ravi Hira, K.C., said the province retains the ability to intervene during a crisis but must now build a process that respects patients' rights when determining whether treatment can proceed without consent.

The decision comes as Premier David Eby's government has been expanding involuntary care policies aimed at people cycling between hospitals, correctional facilities and homelessness.

"Certainly people need treatment," said Yvonne Peters of the Council of Canadians with Disabilities. "People need the help; we're not suggesting anything's wrong with that. But we want that system to be one that's based on human rights."

Independent Surrey-Cloverdale MLA Elenore Sturko criticized the province's handling of the issue, arguing the government should have modernized the legislation without waiting for the courts to intervene.

The constitutional challenge was filed nearly ten years ago. After unsuccessfully attempting to have the case dismissed, the provincial government now has six months to amend the Mental Health Act before Justice Blake's ruling takes effect. The Attorney General's office says it is reviewing the decision before determining whether it will appeal or introduce legislative changes.