Premier David Eby says changes to involuntary care protect workers from being sued

The provincial government has tabled changes to the Health Mental Act, which it says will reduce the legal exposure of health care workers, who deliver involuntary care to patients held under the law. 

Premier David Eby says the changes are about "immunizing" health care workers by protecting them from legal action, but they will make no difference for the care or the decision-making process of involuntary care. 

The Council of Canadian with Disabilities has challenged the constitutional validity of that section of the Mental Health Act in court, which says that patients are deemed to have given their consent to various forms of treatment, if they meet the conditions for involuntary care. 

The court case recently finished final arguments, and Eby acknowledges that it would have been ideal for government to change the law before the conclusion of final arguments, but says the change is "necessary"

He says the changes try to reassure concerned health care workers who fear legal exposure in the event that section of the act is struck down. 

While Eby says the changes should not impact the court's ability to consider the larger case, B.C. firmly believes that treatment delivered under involuntary care is "essential" to saving lives, protecting people and ensuring that they get the health care that they need.

Picture Courtesy: THE CANADIAN PRESS/Darryl Dyck