Some attorneys general expressed concern the decision would result in a flood of cases before the courts.The Supreme Court of Canada in a unanimous decision on Thursday granted the Council of Canadians with Disabilities public interest standing to launch a constitutional challenge on behalf of patients forced to undergo mental health treatment without their consent.
The decision allows the CCD to fight a Charter of Rights and Freedom challenge targeting British Columbia’s Mental Health Act, a law that compels patients with a mental disorder to submit to psychiatric treatment, even if they are capable of consent and even if a substitute decision-maker is available.
The civil suit will allege the law breaches the Charter right to security of the person, as well as the equality right by denying people with mental illnesses the health-care consent that everyone else enjoys.
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