Capital Daily for Saturday, August 1

The B.C. Supreme Court has struck down parts of two provincial laws that let directors of mental health facilities consent to psychiatric treatment on behalf of people admitted involuntarily.

The Council of Canadians with Disabilities argued the legislation denied patients the right to direct their own care even when they were capable of doing so. The court agreed, and found the laws also perpetuated a stereotype that people with mental disorders "lack capacity" to consent or refuse care.

Justice Lauren Blake's ruling calls B.C. an "outlier" among provinces, with no requirement to assess whether a patient can decide on their care, and no independent oversight of a facility's power to treat someone against their will. The court declared sections of the Consent Act and Representation Agreement Act infringe the Charter and gave the province six months to write laws that comply.

The Ministry of the Attorney General says involuntary care won't be interrupted during that window, and that it is reviewing the decision before deciding next steps. Lawyers for the plaintiff say they're waiting to see whether the province appeals.

Live in the same Victoria rental for 40 years, get pushed out by a redevelopment, and the building's owner will now owe you 24 months' rent. That's the top rung of a new compensation ladder council endorsed unanimously Thursday.

The scale starts at five months' rent for tenants of five to nine years and climbs from there. The old rules, which stay in place for shorter tenancies, top out at three months' rent for someone under five years. Moving-expense coverage also shifts, to $1,000–$1,500 depending on unit size.

Coun. Stephen Hammond, himself a landlord, wrote the amendment that raised the payouts for the longest-standing renters. He argued it costs developers little because so few tenants stick around that long. About 70% of Victoria renters have been in their units five years or less, he said, and more than 60% of city households rent.

Housing manager Ross Soward wasn't as sanguine. Every added cost, he cautioned, is another reason a marginal project might not get built at all.