Summary

• People involuntarily detained under the Mental Health Act now have a legal right to meet with an independent rights adviser
• Rights advisers help patients understand and exercise their legal rights, including support to access legal help to challenge their involuntary detention, treatment
• The Independent Rights Advice Service improves access to justice for people in involuntary care, protects Charter rights

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People experiencing a mental-health crisis now have a legal right to meet with an independent rights adviser to better understand their rights and the supports available to them, with amendments to the Mental Health Act coming into force.

The Independent Rights Advice Service helps inform people involuntarily admitted under the Mental Health Act of their Charter rights and improves access to justice for vulnerable populations. The service was introduced in phases over the past two years and is now available throughout B.C. Full implementation was required before the amendments could come into force.

“Everyone deserves to be able to understand and access their basic rights, no matter the situation they are in,” said Niki Sharma, Attorney General. “This free, independent service strengthens access to justice, ensuring that people admitted into involuntary care have the ability to understand what is happening and are treated with dignity and fairness.”

Delivering independent, confidential support

British Columbia’s Mental Health Act allows people with a severe mental-health disorder to be admitted and treated at designated mental-health facilities to prevent the person’s substantial mental or physical deterioration, or for the person’s own protection or the protection of others. Through the amendments, eligible patients must be informed about their new right to meet with a rights adviser, and facilities that provide involuntary treatment must support patients’ ability to meet with a rights adviser when requested.

The service is free and confidential. It is delivered by the Canadian Mental Health Association, B.C. division (CMHA BC), and operates independently from health authorities and law enforcement.

Where the service is available

The Independent Rights Advice Service is available throughout British Columbia, including in mental-health spaces, such as psychiatric and observation units, and some additional areas (such as medical-surgical sites) at all designated facilities in B.C. It is also available to involuntary patients living in the community on extended leave.

Supporting patients, improving access to justice

Rights advisers are trained to:

• explain rights under the Mental Health Act
• clarify the Mental Health Review Board process
• support patients interested in seeking second medical opinions
• provide information about legal support and legal-aid eligibility

“Our priority is making sure people get the help they need in a way that honours their rights and their dignity,” said Josie Osborne, Minister of Health. “The Independent Rights Advice Service gives people in involuntary care access to confidential, independent support so they can understand their rights and make informed decisions. This is about putting people first in mental health care.”

Rights advisers are trained in areas such as:

• lived experience of involuntary treatment
• anti-racism advocacy
• cultural safety and humility
• trauma-informed practice
• considerations in delivering services for children and youth, 2SLGBTQlA+ and/or gender-diverse people, Indigenous people, racialized people and people with cognitive disabilities

This service is part of government’s work to ensure people struggling with severe mental-health conditions get the best possible treatment, with the dignity and fairness they deserve.

Quotes:

Jonny Morris, CEO, Canadian Mental Health Association, B.C. –

“When someone is detained under the Mental Health Act, it can be a confusing path to navigate alone. The Independent Rights Advice Service, now entering a new phase after almost two years of service, is a powerful source of support, information and understanding. We are grateful to the Province of B.C. for funding this crucial service, to our partners and to the people with lived and living expertise who have guided this work.”

Sophia Ciavarella, provincial manager, Independent Rights Advice Service –

“Since its launch, the Independent Rights Advice Service has helped people in involuntary treatment feel recognized, heard and educated on their rights and decision-making power. Many rights advisers have lived experience and know how impactful it can be to have a sense of confidence and security during an experience that can be full of uncertainty. We hope this legislative change will help us support more people, letting them know they are not alone.”

Quick Facts:

• The amendments were introduced in 2022 and align with recommendations from the Office of the Ombudsperson and the Representative for Children and Youth.
• As of November 2025, there are 11 rights advisers located in communities throughout the province.
• The service is primarily virtual, using videoconferencing and phones. Some in-person services are available in certain circumstances.
• The right to meet with a rights adviser is not affected by the recent proposed changes to the Mental Health Act announced on Nov. 24, 2025.

Learn More:

• To learn about rights under the Mental Health Act, visit: https://www2.gov.bc.ca/gov/content/health/managing-your-health/mental-health-substance-use/resources-under-mental-health-act-rights