Wild Ginger Writing

By Sam Smith for Metro News

A B.C. woman who was involuntarily detained in hospital under the Mental Health Act for more than a month has challenged the B.C. Supreme Court to help secure her legal aid in time for her Mental Health Review Board hearing on August 23, otherwise she potentially faces several more months of being detained without a chance to defend herself.

The woman, identified only as Z.B., is currently unemployed and homeless and cannot afford to hire a lawyer herself. But, she is currently eligible for legal aid.

However, the Community Legal Assistance Society (CLAS), was forced to deny her request for aid on her date because it did not have a lawyer available to represent her in time, and may not until the fall.

This leaves Z.B. involuntarily in hospital for several more months without a chance to be heard, which Mark Underhill of Underhill Gage Litigation calls an embarrassment to society.

“This is not about getting in and out of the hospital,” Underhill said. “This is making sure these folks have a fair chance.
“It’s a real black mark on all of us,” he added.

Kate Feeney, staff lawyer for the BC Public Interest Advocacy Centre (BCPIAC), said CLAS and legal aid in general is severely underfunded, which leads to situations like this which typically affect the most vulnerable.
“She doesn’t get to live in the community, she’s away from her family and her support resources out there. She’s hospitalized,” Feeney said. “She’s being medicated, which can be quite invasive. She’s sort of at her doctor’s whim. Her doctor’s have total control.”

Since 1999, the Mental Health Act has authorized physicians the power to civilly admit those who they deem a danger to others, themselves, or if there’s substantial deterioration to their patient’s mental health.

One of the only avenues of recourse for involuntary patients is to present their case to the Mental Health Review Board, but without proper legal representation this can be a dubious prospect.

The crux of the problem comes down to funding, Feeney and Underhill said, which can be fixed for less than $1-million.

“We’re very grateful that this woman is willing to put herself out there,” Underhill said. “Maybe if we shine the spotlight on this, we can get it fixed.”

The Ministry of Justice stated they had not been made aware of this issue and could not comment at this time.