Summary

40925

A.T. v. British Columbia (Mental Health Review Board), et al.

(British Columbia) (Civil) (By Leave)

(Publication ban in case) (Certain information not available to the public)

Keywords

Health law — Admission and Detention of Patients — Involuntary detentions — Can individuals with a mental health diagnosis, but who currently have no symptoms of that diagnosis and who have not been found incapable, continue to be involuntarily detained under the Mental Health Act, R.S.B.C. 1996, c. 288 — Does the purpose of the Mental Health Act allow for indefinite detention of patients with mental disorders — Should courts, in judicial reviews, utilize a Charter values analysis in the interpretation of liberty restricting legislation, even where there is no clear ambiguity in the legislation?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(Publication ban in case) (Certain information not available to the public)

A.T. is detained under the Mental Health Act, R.S.B.C. 1996, c. 288, for involuntary medical treatment in the community. In 2021, the Mental Health Review Board conducted a hearing to determine whether A.T.’s detention should continue. It ordered continued detention despite A.T. being asymptomatic at the time of the hearing. A.T. petitioned for judicial review. The Supreme Court of British Columbia dismissed his petition. The Court of Appeal dismissed an appeal.

Lower Court Rulings

November 1, 2022
Supreme Court of British Columbia

2022 BCSC 1905, S218181
See Petition for judicial review dismissed
July 13, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 283, CA48712
Appeal dismissed