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.