New rights advisers available in B.C. for those involuntarily admitted under Mental Health Act

Law360 Canada (December 12, 2025, 3:54 PM EST) -- People experiencing a mental health crisis in British Columbia now have the legal right to meet with an independent adviser to better understand the support available to them.

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.

Attorney General Niki Sharma said everyone deserves to be able to understand and access their basic human rights, no matter what situation they find themselves in.

“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,” she said.

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 delivered by the Canadian Mental Health Association, B.C. Division, and operates independently of health authorities and law enforcement.

Sophia Ciavarella, provincial manager of the Independent Rights Advice Service, said that since the program’s launch, it 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,” she said. “We hope this legislative change will help us support more people, letting them know they are not alone.”

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 and provide information about legal support and legal-aid eligibility.

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.

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