In January 2021, B.C.’s Representative for Children and Youth published “Detained: Rights of children and youth under the Mental Health Act,” which explores the system for involuntary detention and centres the voices of youth who have experience with detention under the Act. The report highlights their insights and raises serious questions about whether they are being made aware of their rights, whether their voices are being heard and acted upon and what the long-term impacts of involuntary detention are on young people.
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Indigenous Peoples
Admission
Recommendation 4: That the Ministry of Health, and the Ministry of Mental Health and Addictions actively engage and consult with First Nations, Métis Nation and urban Indigenous health bodies and leadership to develop a process to enable a child or youth to notify their community or Nation of their involuntary admission. To be complete by Sept. 1, 2021.-
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Rights
Recommendation 7: That the Ministry of Health work with the health authorities to develop a process to ensure that First Nations, Métis or Inuit children or youth who are either detained under the Mental Health Act or are under 16 and admitted by their parent/legal guardian are offered services by hospital staff who assist Indigenous patients such as navigators, liaison nurses, nurse practitioners and Elders in residence. Process to be developed and operational by Jan. 1, 2022.-
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Rights
Recommendation 8: That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies, that will ensure children and youth who are detained under the Mental Health Act have the right to retain personal items that do not pose a risk to their safety or the safety of others and continue practices that support their physical, emotional, mental, spiritual and relational wellbeing and their sense of identity. Amendments to be put forward by May 1, 2022.-
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Treatment
Recommendation 9: That the Ministry of Health, the Ministry of Mental Health and Addictions and the First Nations Health Authority actively engage and consult with First Nations, Métis Nation and urban Indigenous leadership and communities to identify changes needed in order to ensure that First Nations, Métis, Inuit and urban Indigenous children and youth are provided with trauma-informed, culturally safe and attuned mental health services, including a diversity of treatment modalities specific to their unique culture, when detained under the Mental Health Act. Changes to be identified by Sept. 1, 2021 and implemented in full by Sept. 1, 2022.-
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Reviews
Recommendation 14: That the Mental Health Review Board pilot a new Review Board hearing process for children and youth that centres the young person and is trauma-informed and culturally attuned after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies. Pilot to be operational by Oct. 1, 2022.-
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- Access to justice ,
- Corrections ,
- Culture and language ,
- Decolonization and Indigenous rights ,
- Health ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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