FAQ - BC Mental Health Review Board
1
What is the BC Mental Health Review Board (MHRB)?
- The MHRB is an independent tribunal in British Columbia that reviews the cases of individuals who are detained under the Mental Health Act. It ensures that their detention is lawful and that their rights are protected.
2
What role does the MHRB play in mental health law?
- The MHRB assesses whether patients who are detained under the Mental Health Act continue to meet the criteria for detention and whether their treatment plans are appropriate.
3
What types of cases does the MHRB handle?
- The MHRB handles cases involving the detention of individuals in mental health facilities, reviewing whether they still meet the criteria for involuntary treatment or whether they can be released.
4
How does the appeal process work with the MHRB?
- Individuals can appeal decisions made by the MHRB to a higher court if they believe the decision was not made in accordance with the law or if there were procedural errors.
5
What criteria does the MHRB use to make its decisions?
- The MHRB evaluates whether the criteria for involuntary detention under the Mental Health Act are still met and considers whether the patient’s treatment plan is appropriate and in line with legal requirements.
6
What is the appeal process if someone disagrees with an MHRB decision?
- Decisions made by the MHRB can be appealed to the British Columbia Supreme Court if there are grounds to believe that the decision was incorrect or that there were procedural errors.
7
How does the MHRB ensure fair hearings and due process?
- The MHRB must follow procedural fairness, which includes providing adequate notice, allowing for representation, and making decisions based on evidence.
8
What types of cases does the MHRB review?
- The MHRB reviews cases involving involuntary admissions, renewal of detention orders, and assessments of whether individuals still require detention or can be released.
9
What is the role of the public in MHRB proceedings?
- MHRB hearings are typically closed to the public to protect the privacy of the individuals involved. However, decisions and summaries may be made public in some cases.
10
How does one get involved or provide input to the MHRB?
- If you are directly affected or represent someone who is, you can participate in the hearings as a legal representative or advocate. For general involvement or advocacy, individuals can engage with organizations that focus on mental health and legal rights.
