Noémie Gagnon-Bergeron – Understanding the Mental Health Review Board Process in BC. Published Feb 10, 2026.
Being detained under British Columbia’s Mental Health Act can be confusing, stressful, and deeply unsettling—for patients and their families. One of the key safeguards built into the Act is the Mental Health Review Board (the “MHRB”), an independent tribunal that reviews whether a patient’s involuntary detention complies with the legal requirements of the Mental Health Act.
This post provides an overview of how the MHRB process works in B.C., what rights patients have, and what to expect if you or someone you care about is applying for a hearing before the MHRB.
Being “Detained”
A patient who is “detained” under the Mental Health Act is a person who has been admitted to a designated mental health facility without their consent under the Mental Health Act. This decision is initiated by the patient’s treating psychiatrist and confirmed through the statutory certification process, which includes review by a second physician. Involuntary detention of a patient will not occur unless both psychiatrists believe that involuntary detention is necessary.
What Is the Mental Health Review Board?
The MHRB is an independent tribunal established under British Columbia’s Mental Health Act. Its role is to review whether the decision to involuntarily detain someone complies with the legal requirements set out in the Mental Health Act.
In other words, the Board exists to ensure that serious decisions affecting a person’s liberty are lawful, justified, and no more restrictive than necessary.
Each panel of the Board typically includes:
- A lawyer (who acts as the Chair),
- A psychiatrist (who is not and has never been the patient’s treating psychiatrist), and
- A community member.
This mix is designed to balance legal principles, medical expertise, and community perspectives. It is important to emphasize that the MHRB is not linked to, operated by, or set up by hospitals. It is an independent tribunal designed to oversee and potentially change the decisions made by hospitals and treating psychiatrists.
Who Can Apply to the Mental Health Review Board?
The most common applicants are the involuntary patients themselves. An application may be submitted by the patient directly, but it can also be submitted by a lawyer or other representative acting on their behalf. Once an application is made, there will be a hearing set by the MHRB, where the Board will decide whether or not the decision to involuntarily detain that patient is justified.
What Decisions Can the Board Review?
The Board’s jurisdiction is specific and limited to what the Mental Health Act allows. The Board will only review whether a person meets the legal criteria for involuntary admission.
The Board does not decide whether a person has received ideal care, whether treatment decisions were optimal, whether a different treatment plan would be more appropriate, whether a diagnosis is correct, or make any decisions regarding a change in medical team looking after the involuntary patient. The focus is solely on whether the legal test for involuntary status has been met.
How Does the Application Process Work?
Once an application is submitted, the MHRB schedules a hearing—usually within a relatively short timeframe. The hospital must provide medical disclosure, including medical certificates and medical records, to the patient or their counsel.
Hearings are now typically held by videoconference, although in some circumstances the Board may grant the option to hold the hearing in-person at the hospital upon request.
The process is designed to be accessible and relatively informal, but it is still a legal proceeding. That is why it is recommended that the involuntary patient have legal counsel to represent them at the hearing. If the patient is seeking legal representation for their hearing, the MHRB will assist them in finding them a lawyer.
What Happens at a Review Board Hearing?
A Review Board hearing is less formal than a court trial, but it is structured and evidence-based.
At the hearing, the treating psychiatrist usually gives evidence explaining why the patient meets the criteria for involuntary detention. If the patient has legal counsel, the treating psychiatrist may be cross-examined. The patient, either through counsel or on their own, then has the opportunity to present evidence and make submissions to the Board on why they do not meet the criteria for involuntary detention under the Mental Health Act.
The Board members may also ask questions throughout the hearing. Hearings are meant to be respectful and focused, but they can feel intense given what is at stake: a person’s liberty and autonomy.
The Legal Test the Board Must Apply
The Board’s task is to determine whether the statutory criteria under the Mental Health Act are met. Broadly speaking, this includes assessing whether the person:
- Has a mental disorder requiring treatment,
- Requires care, supervision, and oversight in or through a designated facility,
- Poses a risk of deterioration or harm to themselves or others without detention, and
- Is not willing to be a voluntary patient.
The hospital bears the burden of proving that all of these criteria are satisfied. The Board must then determine whether, based on the evidence, the patient’s continued involuntary detention is necessary and meets this test.
Possible Outcomes of a Hearing
After the hearing, the Board will either confirm the patient’s involuntary status, or decide that the legal test has not been met and release the patient from involuntary detention.
Written reasons are typically provided after the decision. While outcomes and reasons vary, each decision must be grounded in the evidence and the legal framework of the Mental Health Act.
Patient Rights During the Review Board Process
Patients appearing before the MHRB have important rights, including:
- The right to legal representation,
- The right to receive disclosure of records,
- The right to participate meaningfully in the hearing,
- The right to accommodations, interpretation, and procedural fairness.
These rights exist regardless of diagnosis or clinical opinion.
Can Review Board Decisions Be Challenged?
In some circumstances, decisions made after a hearing may be challenged by way of judicial review in the Supreme Court of British Columbia. These cases are legally complex and time-sensitive, and they focus solely on whether the Board made an error of law or breached procedural fairness.
Legal advice is strongly recommended before pursuing this route to challenge a decision at the conclusion of an MHRB hearing.
Review Periods
After the Board has made a decision, that decision will not be binding indefinitely. There will be a review of the patient’s involuntary detention. The Mental Health Act sets out specific timelines for when the next review must occur. These timelines are often referred to as review periods, and they are an important safeguard against indefinite detention. At the end of each review period, new medical certificates will need to be signed off by the treating psychiatrist if they still believe the patient continues to meet the criteria under the Mental Health Act. The patient can then make a new application for a new MHRB hearing, if they do not agree that their continued detention is justified.
The review periods are increased over time. Initial reviews occur within two weeks of detention, followed by one-month, three-month, and then six-month review periods if involuntary status is repeatedly confirmed.
The Role of a Lawyer in Mental Health Review Board Hearings
A lawyer can assist by:
- Reviewing medical records and certificates,
- Identifying legal weaknesses in the hospital’s case,
- Preparing the patient for the hearing,
- Making focused legal submissions to the Board.
Mental health law sits at the intersection of medicine, law, and human rights. Skilled advocacy can make a meaningful difference in ensuring that the process is fair, the patient’s rights are respected, and that statutory limits on involuntary detention are being followed.
Final Thoughts
The MHRB plays a vital role in safeguarding individual rights under British Columbia’s Mental Health Act. While the process can feel daunting, for the patient and their loved ones, understanding how it works and knowing that legal protections exist can make it more manageable.
If you or someone you care about is dealing with involuntary detention, obtaining timely legal advice can help ensure that the detained person’s rights are protected. Reach out to Portside Law Corporation and lawyers Noémie Gagnon-Bergeron or Maggie House may be able to support you. Organizations like CLAS also offer free support with the MHRB process.
Disclaimer – By contacting Portside Law Corporation through email, phone or direct message does not establish an attorney-client relationship. An attorney-client relationship is formed once both parties agree in writing to such a relationship. The information found in this document is of general nature and is not intended to be legal advice. Please contact our office to speak further about any particular legal question you may have.