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
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