Court of Appeal Lets Charter Challenge to Forced Psychiatric Treatment Laws Continue

For Immediate Release

Vancouver, BC
The BC Court of Appeal overturned a decision that had dismissed the Council of Canadians with Disabilities’ Charter challenge to the laws governing forced psychiatric treatment in BC. The Court of Appeal’s decision confirms the importance of grassroots organizations that stand up for the legal rights of people who face barriers accessing the justice system.

The decision under appeal found that the Council of Canadians with Disabilities (CCD) lacked standing (the legal right) to bring the case forward. CCD appealed, arguing that people with mental disabilities, particularly those detained under the Mental Health Act, face many challenges when trying to access the courts. Unless community groups and organizations take important issues forward, unconstitutional laws may never get reviewed. The Court of Appeal allowed the appeal and agreed that CCD’s case was improperly dismissed.

Press release in full [PDF]