PIIMIC

Legal Issues - Overview

Scope of police powers, rights and duties - The Mental Health Act of BC gives police special intervention powers in civil cases involving apparently mentally disordered people of any age, when such people are unsafe and urgently need medical attention. These powers are intended to enable needed treatment (see Glossary entries on Apprehension Criteria, on Committal criteria and on Juveniles & Minors). The Act establishes criteria that must be met regarding the subject's psychiatric condition before police can proceed with apprehension and transportation to a hospital or physician. The main test is to observe or to receive information of "likely endangerment" which involves several key phrases in sec. 28 (1) of the Act. When a criminal offence is involved along with apparent mental disorder, the Criminal Code of Canada enables police to proceed regardless of the subject's mental condition (which would be assessed by a physician at lockup). However police should note and report suspected psychiatric behaviour (see MDO Intervention below).

Social context and rights issues
The social context of powers given to police in mental health legislation is intended to protect public safety and prevent serious harm in situations requiring civil - not criminal -management of risk. These powers enable a mentally ill person who meets the criteria to receive needed treatment. A person disabled by a psychiatric crisis has a right to receive medical attention, not to reject it. Society has a duty to provide that needed attention.

Police role as peace officers
The Mental Health Act enables police to treat the person in a mental crisis as a victim of a disabling brain illness who needs help.

Risk assessment and using collateral information
It is valid - and may be essential - for police to consider collateral information and history in addition to (or even instead of) direct observation of the ill person's behaviour.

Legal safety criteria
Legal interpretation and examples show that the safety criteria in the Mental Health Act are broader than violence or physical danger.

General safety, custody and community concerns
Means of force may be needed to manage and control an unruly patient but should be the least intrusive for the circumstances. The Taser (electric stun gun) provides a much safer alternative to firearms in dangerous confrontations. In the community, police may be able to play a supportive role as a "sidewalk psychiatrist," supporting the ill person's treatment plan and encouraging recovery.

Additional legal issues and options
Alternatives to police apprehension include diversion if the situation does not quite meet the criteria in the Mental Health Act. Other matters concerning police in the Mental Health Act include: day leave, visit leave, special judge's and directors' warrants, physicians committal criteria, etc.

Mentally Disordered Offender (MDO) Intervention
If a crime is involved along with an apparent mental illness, police may decide to proceed under the Criminal Code instead of using the civil provisions of the Mental Health Act. Judicial procedures under the Criminal Code may lead to prison or to forensic psychiatric detention and treatment. Judicial findings in certain situations can include "Unfit to stand trial" and "Not Criminally Responsible by Reason of Mental Disorder."