I am an Advocate for a Patient

The role and responsibilities of a patient representative is to provide advocacy by representing the interests of a patient and presenting the patient’s case for discontinuing detention under the Mental Health Act.

It is important for you to familiarize yourself with

• Mental Health Act
• Mental Health Regulation
• Practice Direction for Patient Representatives
• Mental Health Guide by Ministry of Health 2005 (certain information in this guide is outdated; however the majority of the information is still relevant)

The purpose of the Rules of Practice and Procedure is to provide a fair, just, accessible and understandable process for parties to proceeding before the Mental Health Review Board under the Mental Health Act. As a patient’s legal representative, the Board strongly encourages you to familiarize yourself with the Rules and contact the Board should you require any clarification about these rules.

The Board has issued the following practice directions. You are strongly encouraged to familiarize yourself with these directions and contact the Board should you required clarification about these directions:

• Practice Direction – Guidelines for Patient Representatives
• Practice Direction – Guidelines for Disclosure
• Practice Direction – Guidelines for Designated Facilities
• Practice Direction – Guidelines for Case Presenters
• Practice Direction – Guidelines for Case Note
• Practice Direction – Guidelines for Children in Hearings
• Practice Direction – Guidelines for Mandatory Review Process

People in British Columbia requiring hospital treatment for mental disorders are voluntarily admitted to hospitals or can be involuntarily admitted to hospitals under the Mental Health Act. People who are involuntarily admitted under the Act must meet the four criteria set out in sections 22(3)(a)(ii) and (c) of the Act

The review panel hearing system is subject to the constitutional rights of section 7 of the Canadian Charter of Rights and Freedoms, which states that “[e]veryone has a right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”.

The patient may be an involuntary patient, an involuntary patient on extended leave, or a voluntary patient under 16 years of age. The Mental Health Review Board requires that it operates at arm’s length from government.

Legal Test – The Review Panel will determine whether the four criteria set out in sections 22(3)(a)(ii) and (c) of the Act continue to describe the patient’s condition. All four criteria must be met to continue the patient’s certification.

Form 4: Medical Certificate (Involuntary Admission)

Form 6: Medical Report on Examination of Involuntary Patient (Renewal Certificate)

Form 11: Request for Second Medical Opinion

Link to other forms