Whereas Section 28 of the British Columbia Mental Health Act specifies a police officer should accompany to hospital persons with apparent mental disorders and acting in a manner likely to endanger the safety of themselves or others; And whereas the opioid and mental health crisis in British Columbia communities has resulted in an increase in the number and length of times police officers are immobilized to the service of the greater community to sit in hospital waiting rooms while accompanying apprehended individuals until they are seen by a physician: Therefore be it resolved that the UBCM call on the Provincial government to amend Section 28 of the British Columbia Mental Health Act so that trained hospital staff be given special constable status and peace officer status to relieve police officers of the responsibility of attending hospital emergency departments with individuals apprehended under the Mental Health Act.
Ministry of Health When a person is detained under section 28 of the Mental Health Act MHA by a police officer, they are transported to the nearest designated facility under the Act. The officer waits with the person until a physician has completed the psychiatric assessment to determine whether the person meets the criteria for involuntary detainment and treatment under the MHA, and the transfer of responsibility from police to the designated mental health facility can take place. Under the MHA there is no legal authority for hospital security guards to detain patients who are awaiting examination for involuntary admission under the MHA. The ministry also examined whether security guards could be appointed as special provincial constables to take over the apprehension of involuntary patients until the persons is assessed by a physician. Section 9 of the Police Act permits the Minister of Public Safety and Solicitor General PSSG to appoint suitable persons as special provincial constables. The ministry continues to explore this option with key partners. Minimizing police wait times of apprehended patients under the MHA in the emergency departments is not an issue unique to BC. In 2018 the ministry, in partnership with PSSG, developed a provincial toolkit to guide health authorities and police agencies in the development of joint local protocolsagreements at several interface points, including tools to minimize police wait times and ensure smooth transition for persons detained under the MHA from police custody to health care services. The toolkit is available on the Ministry of Healths website.