Article: Human Rights vs. BC's Mental Health Act
This article was written by Kendra Milne, and originally appeared in the edition of DABC’s Transition magazine, Dying for Health Care: Navigating An Ableist System (Fall/Winter 2022). Read the issue here.
If you’re interested in contributing to Transition as an individual or an organization, please email transition@disabilityalliancebc.org.
Mental health advocates in BC have been sounding the alarm for decades: our Mental Health Act is one of the most archaic and discriminatory pieces of our ableist health care system.
Ableism plays out in mental health law and policy by reinforcing ideas that there are certain “normal” ways of thinking, interacting and participating in community. These ideas often reflect colonial and neurotypical lenses on the world.
BC’s Mental Health Act sets out when you can be admitted to hospital and treated for what the Act calls a “mental disorder” because either you ask for that care or because you are being detained and involuntarily treated.
The Act views and treats mental health issues as moral failings that can be disciplined out of people.
This law impacts people diagnosed with mental illness, brain injuries, dementia, substance-use-related health issues, and many other disabilities or health conditions.
The Act was passed in 1964 and many portions of it are the same today.
Every patient is subject to the direction and discipline of the facility staff. They can be confined in solitarily seclusion rooms, restrained to their beds, or otherwise punished during their time in hospital. There are no limits and no review on when, how or why someone can be subject to these restraints.
This is still true, even though a 2021 investigation into the Mental Health Act, by the Representative for Children and Youth, concluded there should be strict limits on restraints.
When any citizen accesses health care, the law protects our right to make our own health care consent decisions. If we are incapable of understanding and making a health care decision, the law protects our right to have the people who know us best make the decision.
That is, unless you are involuntarily committed under the Mental Health Act–then you have no such rights. All involuntary patients can be given any form of psychiatric treatment without consent and supporters are excluded from decision-making.
Other countries have acknowledged the need to modernize their mental health laws and have taken action. For example, Victoria, Australia’s recently tabled new Mental Health Act, rooted in human rights, ensures Indigenous people receive culturally safe services and establishes adequate oversight. The UK also commissioned an independent review recognizing that its mental health law entrenched systemic racism, and relied heavily on coercion.
There is growing evidence that our Mental Health Act is not serving BC well, and needs to be modernized to protect human rights and well-being. Emerging investigations from independent offices, and compelling stories from people and their families with experience of the mental health system, all point to the same conclusion.
BC needs an independent review of the Mental Health Act to create reforms that respect human rights, promote evidence-based care, and build in oversight from an independent provincial Mental Health Advocate.
Kendra Milne is a lawyer and Executive Director of Health Justice. Learn more at https://www.healthjustice.ca.
Credit/rebate updates
The Provincial government recently made several announcements about new rebates/credits and changes to some types of assistance:
Assistance Extended for Ukrainians coming to British Columbia
BC Hydro Rebate
- Eligible customers will receive a one-time BC Hydro credit between December and early 2023. This includes eligible customers who receive their electricity service from FortisBC or a municipal utility.
- The credit does not need to be declared on provincial assistance recipients’ monthly reports.
BC Affordability Tax Credit
- Eligible individuals and families will automatically receive the new BC Affordability Credit through the Canada Revenue Agency.
- An eligible person with an income of up to $36,901 will receive the maximum amount of $410.
- This Credit will need to be recorded on provincial assistance recipients’ monthly report under “all other income/money received”.
- It is not considered income and is treated as exempt.
Self Employment Program
- The Self Employment Program (SEP) policy under “Deductions and Exemptions” now allows personal contributions for Canada Pension Plan (CPP) to be deducted from gross income.
The government of Canada also recently announced two benefits administered by the Canada Revenue Agency (CRA). Both benefits are not considered income and are treated as exempt:
Canada Dental Benefit
- The interim Canada Dental Benefit is intended to help lower dental costs for eligible families earning less than $90,000 per year for children under 12 years old receiving dental care who do not have access to a private dental insurance plan.
- Depending on family net income, a tax-free payment of $260, $390, or $650 is available for each eligible child.
One-Time Canada Housing Benefit
• The one-time top-up to the Canada Housing Benefit aims to help low-income renters with the cost of renting by providing a maximum one-time payment of $500 for qualified applicants
Job Posting: Office Manager for DABC
Who We Are
Since 1977, Disability Alliance BC (DABC) has been a provincial, cross-disability voice in British Columbia. We champion issues impacting the lives of people with disabilities through our direct services, community partnerships, advocacy, research and publications.
We work to support people with all disabilities to live with dignity, independence and as equal and full participants in the community.
Job Description
DABC is seeking a full-time Office Manager to join our team. Reporting to the Executive Director (ED), the Office Manager will provide oversight on the organization’s operations, including facilities management, HR, finance compliance and administrative processes. As the organization’s mission and mandate is greatly rooted in justice, equity, diversity and inclusion, the ideal candidate will also demonstrate passion and leadership in advancing these principles within the organization.
The Office Manager plays a critical role in ensuring that DABC’s administrative operations being handled accurately and respectfully in the organization, and alongside this, supports the ED on ensuring that financial and operational aspects of administration are running smoothly. The Office Manager also plays a key role as a member of DABC’s leadership committee, contributing to the direction and leadership of the organization as a whole.
Responsibilities:
Administrative Management
- In liaison with other admin staff, coordinates and maintains a record of all supplier, insurance and lease contracts
- In liaison with other admin staff, ensure the smooth day to day running of office systems
- Liaise with technical support on issues related to IT systems
- Oversee compliance and due diligence obligations
HR
- Neatly organized record of all personnel files and manage HR correspondence
- Work with the EDI committee and ED on drafting and/or revising HR policies and practices
- Coordinate extended health insurance
- Oversee systems and quality assurance of recording absences and entitlements
- Work with senior staff to oversee recruitment, training and performance assessment of all staff
- Liaise and support on staff and volunteer recognition activities
- Collaborate on any professional development opportunities for staff
Financial Management
- Support ED and senior staff on budget allocation, cheque requisition and invoicing
- Support the Finance Manager and ED with annual audit
- Work with the Finance Manager to ensure the organization is up to date on their filings as a registered charity and provincial society
- Coordinate weekly cheque signing
- Work with the ED and Grants and Fundraising Manager to monitor all sources of funding
Working hours:
This is a full-time, permanent, salaried position at $60,000 per year.
This position offers the following benefits after a three-month probationary period:
- 3 weeks of paid vacation annually plus 2 weeks of paid time off during DABC’s annual holiday office closure in December.
- 18 days of paid sick leave annually
- 100% of the cost of extended health and dental care benefits
Requirements:
- Minimum 5 years applicable work experience
- Experience in the non-profit sector
- Demonstrate leadership and commitment to anti-oppression principles
- Knowledge of BC laws of which a non profit organization should be in compliance with
- Excellent organizational skills and record keeping
- Strong written and verbal communication skills
- Ability to address conflict with empathy and kindness
- Experience with Microsoft Office, Zoom, and other online sharing platforms
- Be able to take initiative by identifying and addressing rooms for improvement in the organization
The following are strong assets for this position:
- Lived experience with a disability
- Lived experience as a member of an equity-deserving group
- Training in trauma-informed practice
- Experience in advancing the principles of equity, diversity and inclusion
- Understanding and demonstrated experience in change management strategies
The position is located in Vancouver, on the Unceded Territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations.
This position offers a flexible hybrid work opportunity; the successful candidate may wish to work at the office (located in downtown Vancouver) a few days a week and at home the rest of the time.
Importantly, we are looking for people who want to make a long term commitment to our organization and have a strong desire to assist people with disabilities as well as further the impact of our organization.
DABC is an open and diverse organization that promotes inclusive hiring practices. We encourage applications from qualified applicants who identify as visible minorities, Indigenous persons, and of all sexual orientations, gender expressions and identities. People with disabilities are especially encouraged to apply.
To Apply:
Please submit a resume and brief covering letter addressed to Helaine Boyd, Executive Director at helaine@disabilityalliancebc.org No phone calls or faxes please.
Applications are due no later than midnight on January 29, 2023. DABC welcomes all applications, however, only shortlisted applicants will be contacted for an interview. Interviews will be conducted in February and the position start date will be as soon as possible.
