The B.C. government passed a bill on Tuesday, Dec. 2, to protect health-care workers who provide care to involuntarily held patients.
Government house leader Mike Farnworth designated the Mental Health Amendment Act a confidence motion, so the government could technically have fallen if it failed to pass.
The bill passed with a vote of 45 to 41.
B.C. Greens MLA Rob Botterell joined other opposition parties in voting against the bill, despite the Green Party having an agreement in place to support the NDP government on select issues. Several Independents and Green MLA Jeremy Valeriote were not present for the vote.
The Green Party released a statement on Monday urging the government to pause the bill until a more fulsome review of the Mental Health Act is completed.
This bill was introduced late in the fall session in response to an ongoing Charter challenge against the provision of the Mental Health Act that says a patient held against their will because they are believed to be a danger to themselves or others is “deemed” to have consented to psychiatric treatments. These can include medications or electroshock therapy.
Premier David Eby said when the bill was introduced that it was needed to ensure health-care workers would not face legal consequences regardless of the outcome of the lawsuit.
The Charter challenge was brought nearly 10 years ago, but it just finished closing arguments last month. The passage of this bill will likely mean additional arguments are necessary, though it is unlikely to influence the general outcome, Eby said.