Case Summary

This case is about the ability of a public interest organization to bring forward a constitutional challenge to BC’s mental health regime.

The Council of Canadians with Disabilities (“CCD”) and two individuals who had been detained involuntarily under the Mental Health Act filed a Charter challenge regarding BC’s mental health regime.

As the case entered its second year, the two individuals were no longer able or willing to continue as plaintiffs in the case.

The case is about whether the CCD can bring the case on its own, without the individual plaintiffs.

For a great summary of the case, check out the website of CLAS (Community Legal Assistance Society).

 

West Coast LEAF’s Involvement

On April 9, 2019, West Coast LEAF was granted leave to intervene.

We will argue that public interest litigants promote access to justice in cases where people directly affected by unjust laws are not in a position to challenge those laws themselves. Public interest litigation helps make sure that all laws can be examined to determine whether they are constitutional.  Justice is not served when laws that violate the rights and freedoms of marginalized groups are disproportionately excluded from scrutiny.

 

Case Documents

Application for Leave to Intervene – BC Court of Appeal

BCSC Decision under Appeal

Written Argument – BC Court of Appeal

 

What’s Next

West Coast LEAF filed its written argument on April 29, 2019. The hearing will take place on May 31, 2019.