Pathways families and members, over many years, have been actively supporting the BC’s Mental Health Act which includes something called deemed consent which means that when people are admitted involuntarily to a psychiatric unit, two physicians can decide if they need medically based treatment and can initiate it. Patients who don’t believe they should receive treatment can request a review panel.
Many disability and rights groups do not acknowledge that many people in psychosis related to severe mental illnesses have anosognosia; this is the brain-based inability of these people to realize they are ill and is the reason they often refuse treatment.
In July 2016 a Charter challenge to the BC Mental Health Act and it’s use of “deemed consent” was launched by the Council of Canadians with Disabilities (CCD), arguing that even people with severe mental illnesses should always be able, by law, to decide what, if any, treatment they might have. This case finally made it to the BC’s Supreme Court last June 2025 and over the course of four weeks, the Court heard from psychiatric patients, family members of patients, healthcare provides, medial experts and others who have had direct interactions with individuals suffering from servers mental health disorders. Pathway’s executive, board and family members were not only present but also testified.
Here is, in our opinion, an impressive opening statement made last May by lead council for the province, Avichay Sharon.