B.C. human rights commissioner finds guardianship detentions of vulnerable adults discriminatory

B.C.'s Human Rights Commissioner Kasari Govender says she has found "systemic discrimination" in how health authorities detain vulnerable adults who are at risk of harm.

Adults who appear to be abused, neglected, or facing self-neglect and are unable to give consent for care in hospitals or care facilities are sometimes detained under the Adult Guardianship Act (AGA). However, the 134-page report found that seniors, disabled people, and those living unhoused are being disproportionately detained.

These detentions, Govender said, often lack transparency, oversight, and legal authority.

"I have found that a significant number of vulnerable adults are being detained under this act through an opaque process with very little oversight," she said. 

"While adults are being held for their own safety, their rights to fair process, including knowing why they are being held against their will or what they can do about it, are often denied."

The report found that between 2018 and September 2023, health authorities detained 300 people under the AGA. There were a total of 340 detentions — the shortest being six days, and the longest 212.

Govender said 94 per cent of the people detained under the act during that period had disabilities, and 70 per cent were seniors.

Govender makes 10 recommendations in the report for the B.C. Ministry of Attorney General, the Ministry of Health, and health authorities. They include:

The current legislation does not explicitly allow for people to be detained under normal circumstances, but Govender says health authorities have interpreted different parts of the Adult Guardianship Act to support their practice of detaining people in an emergency who are at risk of harm.

She says she expects legislative changes to take place soon, something she signaled was overdue. 

"I reviewed documents that suggest government recognized the importance of taking timely and significant action and was aware of concerns about continuing risk of harm to vulnerable adults," said Govender. 

"Despite this, the government has not proposed any legislative changes or made any other significant policy changes to date to protect the rights of vulnerable adults."

While B.C. Attorney General Niki Sharma said she intends to respond to all of the recommendations, she would not say what specific actions she intends to take in the legislature as a result of the report.

"We need to make sure in the province that vulnerable people are protected, and that piece of legislation hasn't been updated in quite some time," said Sharma.