VICTORIA, B.C. – The BC Green Caucus is welcoming the recent BC Supreme Court decision that provisions in BC’s Mental Health Act for involuntary treatment regardless of a person’s capacity to make health decisions, is a violation of the Canadian Charter of Rights and Freedoms.
“Congratulations to the Council of Canadians with Disabilities, and Health Justice, on their recent win in the BC Supreme Court. This decision recognizes the dignity, autonomy, and rights of all people, including those experiencing mental health or substance use challenges,” said Jeremy Valeriote, MLA for West Vancouver-Sea to Sky.
“The BC Green Caucus repeatedly raised the alarm about this government’s expansion of involuntary treatment — warning that its broader implementation was a violation of Charter rights. This is validation after years of advocacy from our caucus, mental health organizations, and people with lived and living experience from this harmful carceral system.”
The Supreme Court ruling also exposed a concerning lack of mental health expertise from Dr. Daniel Vigo, who has directed much of the BC NDP’s mental health policy in recent years. In one instance, Dr. Vigo’s opinion was given “no weight” due to his lack of relevant experience; in another, his was the only dissenting opinion against otherwise unanimous advice from experts.
“This shows the risks of relying on the advice of one individual — we hope that the NDP use this as an opportunity to meaningfully engage with a range of experts and those with lived and living experience as they review and reform the Mental Health Act,” added Valeriote.
The BC Greens have long called for reforms to the Mental Health Act, and the Premier promised a review over a year ago after the Lapu Lapu tragedy. Now, Justice Blake has given the province six months to comply. The BC Greens are calling on the BC NDP to initiate its review of the Mental Health Act this fall and do so under the guidance of a panel of experts.
“In 2025, the BC NDP made small amendments to the Mental Health Act to hedge against losing this court case, using resources that could have been spent on expanding voluntary treatment options and developing broad Mental Health Act reforms. A piecemeal approach to mental illness is costing lives,” said Emily Lowan, Leader of the BC Greens. “The BC Greens will be pushing for true reform. It’s time to follow through and give British Columbians the dignity they deserve.”
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Media Contact
Ryan Hook
Press Secretary
BC Green Caucus
+1 (250) 882 6187 | Ryan.Hook@leg.bc.ca