A/HRC/43/41/Add.2 the law, have limited opportunities to exercise other rights and are at a higher risk of abuse, neglect and institutionalization. 76. Some provinces are revising their legal framework with the aim of introducing less restrictive measures such as advance directives, enduring powers of attorney or representation agreements, and enabling greater choice of substitute decision makers. Although these measures represent an important initial step, the relevant legislative authorities at all levels of governance need to complete the process of legal harmonization, to ensure that all persons with disabilities fully enjoy their legal capacity in accordance with article 12 of the Convention on the Rights of Persons with Disabilities. The Special Rapporteur reiterates her recommendation of withdrawing the interpretative declaration and reservation to this article. K. Deprivation of liberty and involuntary treatment 77. Provincial and territorial legislation across Canada allows for the involuntary hospitalization and treatment of persons with psychosocial disabilities, in contradiction to articles 14, 17 and 25 of the Convention on the Rights of Persons with Disabilities. For example, the Mental Health Act of British Columbia contains very broad criteria for involuntary admissions. 23 Moreover, once detained, a person can be forcibly treated, including through forced medication and electroconvulsive therapy, without his or her free and informed consent. 78. In addition, most jurisdictions have passed legislation permitting clinician-initiated community treatment orders, which compels persons with psychosocial disabilities to comply with a treatment plan that generally includes medication and counselling. The Special Rapporteur received several complaints regarding the implementation of these orders, including in respect of the absence of procedural guarantees, the lack of alternative treatment options and threats of forced hospitalization for lack of compliance. 79. The Special Rapporteur was informed that the number of involuntary hospitalizations was increasing. Furthermore, a significant number of persons with psychosocial disabilities cannot leave hospital due to the lack of community-based alternatives. The extensive use of seclusion and restraints, including chemical restraints, is also a concern, especially since there is no independent monitoring of mental health facilities. The expert urges the Government of Canada to ratify the Optional Protocol on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to establish a national preventive mechanism. L. Access to justice 80. The Supreme Court of Canada and the provincial and territorial courts of Canada have developed a significant body of jurisprudence concerning the rights of persons with disabilities. Most of the cases heard in court involve complaints of discrimination on grounds of disability. The Canadian Judicial Council has developed training courses and guidelines on access to justice for persons with disabilities. 81. 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 and territories also recognize this obligation in their respective legislation. However, there is a lack of judicial protocols and guidelines on procedural and age-appropriate accommodations for persons with disabilities. Ensuring access to reasonable accommodations should not be confused with procedural accommodations in the context of access to justice. Article 13 of the Convention on the Rights of Persons with Disabilities requires procedural accommodations, which are not limited by the concept of “disproportionate or undue burden”. That differentiation is 23 See www.health.gov.bc.ca/library/publications/year/2005/MentalHealthGuide.pdf. 15