Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
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)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-04-09 | Close file on Leave | |
| 2024-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-04 | Judgment on leave sent to the parties | |
| 2024-04-04 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48712, 2023 BCCA 283, dated July 13, 2023, is dismissed. Dismissed |
|
| 2024-02-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-11-20) | A.T. |
| 2023-11-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-11-10, (Printed version filed on 2023-11-14) | A.T. |
| 2023-11-02 |
Certificate (on limitations to public access), 23A & 23B RESTRICTED/PUB BAN |
Attorney General of British Columbia |
| 2023-11-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-06, (Printed version filed on 2023-11-02) | Attorney General of British Columbia |
| 2023-10-05 | Correspondence received from, Letter explaining that Motion to extend time is not required. | A.T. |
| 2023-10-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, OPENED 2023-10-03 | |
| 2023-09-29 |
Certificate (on limitations to public access), (Letter Form), RESTRICTED/PUB-BAN 23B, (Printed version filed on 2023-09-29) |
A.T. |
| 2023-09-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-29) | A.T. |
| 2023-09-29 |
Application for leave to appeal, (Book Form), RESTRICTED/PUB BAN Required: - Amended Notice dated and signed (Rec'd 2023-10-05) - Filing Fee (rec'd 2023-10-04), Completed on: 2023-10-10, (Printed version filed on 2023-09-29) |
A.T. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A.T. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia (Mental Health Review Board) | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: A.T.
Counsel
Danielle Sabelli
300 1140 West Pender Street
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 673-3134
FAX: (604) 685-7611
Email: jblair@clasbc.net
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: British Columbia (Mental Health Review Board)
Counsel
Legal Services Branch, Sixth Floor, 1001 Douglas Street
PO Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (778) 698-1451
Email: philip.mclaughlin@gov.bc.ca
Party: Attorney General of British Columbia
Counsel
Legal Services Branch
1301-865 Hornby St.
Vancouver, British Columbia
V6Z 2G3
Telephone: (778) 928-7667
Email: robert.danay@gov.bc.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
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
Supreme Court of British Columbia
2022 BCSC 1905, S218181
See Petition for judicial review dismissed
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 283, CA48712
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available