Case information

Constitutional law — Charter of Rights and Freedoms — Civil procedure — Commencement of proceedings — Standing — Reasonable cause of action — Whether Canadian law permits forced treatment on basis of mental disability — Whether forced treatment is compatible with Charter — Whether Mental Health Act infringes Charter and Convention On The Rights Of Persons With Disabilities — Whether Health Care (Consent) and Care Facility (Admission) Act discriminates against persons with mental disabilities and their families — Whether unfairness arose from constitutional claim being misinterpreted as issue of administrative and statutory relief — Whether Court of Appeal made palpable and overriding factual errors — Whether Rules of British Columbia Supreme Court were improperly interpreted and applied — Whether Court of Appeal erred in refusing to admit new evidence — Charter of Rights and Freedoms, ss. 7, 12, 15 — Mental Health Act, R.S.B.C. 1996, c. 288, s. 22 — Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 18, s. 2 — Supreme Court Civil Rules, B.C. Reg. 168/2009, rr. 9-5(1)(a), 20-2 — Convention on the Rights of Persons With Disabilities, Can. T.S. 2010 No. 8

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.

Mr. Li and his spouse, Ms. Huang, commenced an action to end Ms. Huang’s involuntary treatment under the Mental Health Act and alleging Charter breaches and negligence in her admission, detention and treatment. Ms. Huang discontinued her action. Mr. Li continued the action. The defendants brought a motion to dismiss the action on the basis that it did not disclose a reasonable cause of action. The Supreme Court of British Columbia dismissed the action. The Court of Appeal denied a motion to file fresh evidence and dismissed Mr. Li’s appeal.