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Nonprofits maintain public interest in mental health law proceedings: Supreme Court

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The Canadian Press

Canadian news agency

The Supreme Court of Canada is shown in Ottawa on Thursday Nov. 2, 2017.
The Supreme Court of Canada will be screened in Ottawa on Thursday, November 2, 2017. Photo: Sean Kilpatrick/Canadian Press

Ottawa — Canada's Supreme Court says it is a non-profit organization There is a public interest in challenging the Mental Health Act in BC. There is no individual plaintiff in the proceedings, but the court.

Today's court unanimous decision was made six years after the Canadian Council for the Disabled challenged the constitutionality of British Columbia's mental health law. .. It enables non-consensual psychiatric care.

The two individual co-plaintiffs discontinued their allegations, but the council wanted to continue in court without them.

The judge ruled that the proceedings should be dismissed because the council lacks a public interest position to pursue the challenge on its own.

However, B.C. The Court of Appeals has stated that the council's allegations are a comprehensive challenge to a particular law that directly affects all members of the identifiable group in a serious, concrete and extensive manner, regardless of individual experience. It was certified as.

The Court of Appeals has ruled that a new hearing should be held in British Columbia. The Supreme Court on the issue of public interest status urged the Attorney General of the State to appeal to the Supreme Court.

This report by Canadian Press was first published on June 23, 2022.

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