CLAS’s Community Law Program has successfully challenged the Mental Health Review Board’s decision to continue to detain our client. This is an important decision as it is the first judicial review of a Mental Health Review Board decision in several decades and the first decision directly interpreting the BC Mental Health Act’s provisions for involuntary detention since it was amended in 1998.
The Honourable Justice Goves ruled that the Mental Health Review Board misinterpreted the Mental Health Act in Mr. Tizvar’s case when it found that he could be detained simply because he had been impaired by a mental disorder in the past, instead of assessing whether he was impaired at the time his case was heard as the law states. The Mental Health Review Board was ordered to re-do the hearing applying the correct interpretation.
Oral reasons for judgement – Tizvar v. Mental Health Review Board and The Director of Burnaby General Hospital [PDF]