What are my rights if I’m made a mental health patient against my will?

The Mental Health Act allows for certain circumstances where you can be held in a hospital to be treated, even against your will. This means: You can’t leave the hospital without your doctor’s permission You can’t refuse treatment, including medication.

When can I be made a mental health patient against my will?

At Any Age

If a doctor thinks that you: 

1. have a mental disorder, and it seriously impairs your ability to react to your environment and associate with others; and
2. need psychiatric treatment in or through a facility; and
3. have to be in a facility, or supervised, to protect yourself or others. This includes preventing you from getting substantially worse mentally or physically; and
4. would not stay in a facility and agree to psychiatric treatment if admitted as a voluntary patient. 

Or 

You are under 16 

1. Your parent or guardian requests admission and
2. A doctor or nurse practitioner examines you and is of the opinion that you are a “person with a mental disorder”

You Still Have Rights

Even if you have to stay in the hospital against your wishes, you still have the right to…

1. Know where you are
2. Know why you are getting treatment
3. Speak to a lawyer
4. Talk to a doctor regularly
5. Apply for a hearing with a  review panel
6. Apply to the court for a judge to review your case

If you are not there at the request of your parent or guardian, you also have the right to have a different doctor examine you to get a second opinion on the appropriateness of your treatment. 
 

You can speak to a Rights Advisor

Rights Advisors have specialized training on the Mental Health Act. They meet with involuntary patients in private to explain their legal rights under the Mental Health Act. Rights Advisors can also support patients in how to exercise those rights. They offer support without judgment and do not share any information with a person’s treatment team or support network without their consent.