On July 31, 2026, the B.C. Supreme Court ruled that the province’s current rules on involuntary psychiatric treatment violate the Canadian Charter of Rights and Freedoms.
Under current provincial law, individuals detained involuntarily can be treated without their consent – even if they’re capable of making their own decisions or have legally chosen someone to make medical decisions for them.
This ruling is particularly significant for older adults and individuals living with dementia.
In practice, B.C.’s Mental Health Act has been used to detain and treat older adults with dementia without giving them or their designated decision-makers a voice in their care.
The court gave B.C. lawmakers six months to update the legislation.
Disability advocates and organizations like Dementia Justice Canada hope the forthcoming legal changes will better protect personal choice, dignity, and adult rights.
To learn more, read the full statement on the Dementia Justice Canada website.
