What is the test for an examination under the B.C. Mental Health Act?

Ontario, Canada


The following excerpt is from Dr. X v. Everson, 2013 ONSC 6134 (CanLII):

Dealing with the requirement for an examination under the B.C. Mental Health Act,[4] Kirkpatrick J.A. of the British Columbia Court of Appeal in Mullins v. Levy[5] stated as follows: Having regard to the views of the physicians, the purpose of the Act, and the interpretation of the word in its ordinary usage in the medical context, in my opinion the term “examination” must be given a broad interpretation so as to be applicable in the myriad of circumstances that confront physicians called upon to make the serious decision to involuntarily commit persons to a psychiatric facility. “Examination”, in this context, must mean observing the person, reviewing the patient’s chart (if there is one), reviewing the available history and the collateral information, and where possible (in the sense that the person complies) and necessary (in the sense that the information to be gained is not available from other sources) conducting a personal interview with the person to be admitted.

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