A/HRC/43/41/Add.5 Page 15, Paragraph 77 Recommended language 59. Provincial/territorial legislation across Canada allows for the involuntary hospitalization and treatment of persons with psychosocial disabilities, in contradiction to article 14, 17 and 25 of the Convention. For example, the Mental Health Act of British Columbia contains very broad criteria for involuntary admissions11, however, specific criteria have to be met in order to provide electroconvulsive therapy, when other first line psychiatric treatments have not been successful. Comment/Rationale 60. The BC Mental Health Act allows for the involuntary hospitalization and treatment of persons with severe mental illness (not psychosocial disabilities) and the person has to meet very specific criteria (not broad criteria) to be involuntarily admitted and treated12. The person can be involuntarily treated under the BC Mental Health Act without consent, however, the person has access to the Mental Health Review Board and the Courts to challenge this. Page 15, Paragraph 80 Recommended language 61. The Supreme Court of Canada and Canada’s provincial and territorial courts have developed a significant body of jurisprudence concerning the rights of persons with disabilities. Most of the cases heard in courts are complaints against discrimination on grounds of disability. Canadian Judicial Council has developed training courses and guidelines on access to justice of persons with disabilities. Page 16, Paragraph 81 Recommended language 62. The Canadian Human Rights Act and the Criminal Code establish a duty to accommodate persons with disabilities’ needs in all proceedings before federal and provincial courts and federal tribunals. Different provinces/territories also recognize this obligation in their respective legislations. However, there is a lack of judiciary protocols and guidelines for procedural and age-appropriate accommodation for persons with disabilities. Ensuring access to reasonable accommodation should not be confused with procedural accommodations in the context of access to justice. Article 13 of the Convention requires procedural accommodations, which are not limited by the concept of “disproportionate or undue burden”. This differentiation is fundamental, because the right of access to justice acts as the guarantor for the effective enjoyment and exercise of all rights. Page 16, Paragraph 82 Recommended language 63. In Canada, legal aid is provided by provincial/territorial governments through their own programs. The expert learned that there are significant regional disparities in who can access 11 12 See: BC Guide of the Mental Health Act (Guide) http://www.health.gov.bc.ca/library/publications/year/2005/MentalHealthGuide.pdf. See: https://www.health.gov.bc.ca/library/publications/year/2002/MHA_ect_guidelines.pdf. 13