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Community Legal Assistance Society

Mental Health Law Program (MHLP)

Since 1977, the Mental Health Law Program (MHLP) at CLAS has been providing essential legal advice and representation to those who have been involuntarily detained pursuant to the B.C. Mental Health Act or to those who have custody or conditional discharge orders pursuant to the mental disorder provisions of the Criminal Code of Canada.
 
MHLP presently consists of two lawyers, six paralegals and four administrative assistants who provide services in three key areas:
  1. Representation at BC Review Board Hearings for persons in the Lower Mainland found by the courts to be not criminally responsible on account of a mental disorder or to be unfit to stand trial pursuant to Part XX.1 Mental Disorder Provisions of the Criminal Code of Canada.  MHLP represents clients at approximately 350 Review Board hearings each year that are held at either the Forensic Psychiatric Hospital, for clients in custody, or at the Review Board offices in Vancouver, for those clients who have been conditionally discharged. Review Board hearings that are held outside of the Lower Mainland are funded directly through the Legal Services Society.
  2. Representation at Review Panel hearings for persons throughout the province who have been involuntarily detained under the BC Mental Health Act. MHLP represents clients at over 400 Review Panel hearings each year that are held around the province.  To learn more about the BC Mental Health Act check the provincial Guide to the Mental Health Act (2005) found at the provincial Ministry of Health website.
  3. Provision of independent legal information on detention issues to persons detained under the BC Mental Health Act at Riverview Hospital and the Forensic Psychiatric Hospital. MHLP provides this type of legal information over 1000 times each year at both hospitals.
MHLP has also been involved in a number of mental health law reform and policy development initiatives over the years and regularly liaises with community groups on these issues. MHLP additionally provides some legal education to advocates and lawyers in the area of mental health law as time permits. Finally, MHLP seeks to identify important systemic and appellate test cases relating to mental health detention issues which can then be pursued with the assistance of the Community and Disability Law Programs at CLAS.