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Victoria B.C. – The final report of the B.C. Human Rights Commissioner’s Inquiry into detentions under the Adult Guardianship Act (AGA) reveals serious human rights issues, including a lack of transparency, oversight and respect for the right to fair process. Entitled “We’re still here”, the report finds these issues have disproportionately impacted some of the most vulnerable people in B.C., with effects that amount to systemic discrimination. 

The AGA permits designated agencies such as health authorities to provide emergency assistance to adults who appear to be abused or neglected and seem incapable of giving or refusing consent to receive care. Relying on this legislation, designated agencies have detained many adults in hospitals or care facilities. However, the law is unclear about the scope and usage of these emergency powers—and as the Inquiry report reveals, adults’ right to liberty is not being appropriately balanced with the need to ensure their safety. 

“Protecting vulnerable adults from abuse and neglect is a laudable goal in a rights-respecting society. However, we must also ensure that adults’ human rights are upheld in the process; protecting vulnerable people from harm necessitates respecting their human rights as well as protecting them from abuse,” said Commissioner Kasari Govender. “The AGA is interpreted as granting broad but unpredictable powers to detain adults, which violate international and domestic human rights standards. There is no other statute in Canada that authorizes a detention without doing so explicitly, without specifying a maximum length and without providing independent oversight, as the AGA has been interpreted to do.”  

The Commissioner made the following findings based on data gathered from the designated agencies, the Ministry of Health, the Ministry of Attorney General and the Public Guardian and Trustee and reviewing relevant court cases and decisions. The Commissioner and her team also held held two community engagement sessions, conducted interviews with family members of adults who were detained under the AGA and interviewed staff in each designated agency. 

Inquiry findings reveal human rights violations 

Key findings from the Inquiry include: 

  1. Detentions under s. 59(2) of the AGA impact a significant number of adults. Between 2018 and September 2023, designated agencies detained 300 people a total of 340 times. The median length of detentions was six days, while the maximum was 212 days.  
  2. Transparency and oversight over detention are lacking. The Commissioner found a lack of transparency both at a systemic and individual level. Specifically, the Commissioner found a lack of publicly available information on how this law is administered; a tendency to restrict information available to representatives, legal counsel and family/friends, with very limited ability to seek independent review or oversight. 
  3. Adults’ rights to fair process have not been adequately respected. Detention is a significant interference with liberty that must be accompanied by adequate safeguards to prevent arbitrariness. Such safeguards include rights notification; clear criteria, reasons and timelines for detention; prompt and full disclosure of the information on which the decision to detain is based; access to counsel; and independent oversight and periodic review procedures. These safeguards are largely lacking for s. 59 AGA detentions both in law and in practice.      
  4. Designated agencies who are detaining adults are doing so without legal authority. The Commissioner found that significant concerns around illegality are raised in some, but not all detentions, including inconsistent and improper reliance on s. 59(2); evidence of detentions beyond the time necessary to address the emergency; failure by designated agencies to seek support and assistance court orders; uncertain police authority; and detentions occurring under “doctor’s orders”. 
  5. Disproportionate impact of detention practices on seniors, people who are unhoused and people with disabilities, including people with mental health and substance use issues, result in systemic discrimination. The Commissioner concludes that the current approach to detention under s.59(2) of the AGA is discriminatory because the harms of detention—including the fact that many adults are being detained beyond the scope of the legal authority granted by the AGA and without due regard to their procedural rights—are disproportionately experienced by seniors, people who are unhoused and people with disabilities. The Commissioner is not concluding that any and every detention of vulnerable adults who are apparently abused or neglected is necessarily discriminatory, but that the current system and practices for detention do result in inequality.  

These and other findings are described in detail in the full inquiry report and summarised in the executive summary. Both are available at bchumanrights.ca/were-still-here/ 

Actionable recommendations: A focus on transparency and accountability 

Commissioner Govender stated: “This inquiry has revealed a need for significant changes to how we treat, protect and respect vulnerable adults, including to law and policy. ‘We’re still here’ lays out 10 clear, actionable recommendations for the Ministry of Attorney General, the Ministry of Health and the designated agencies to bring law and practice into compliance with human rights standards. Given the severity of this inquiry’s findings, I am calling on the provincial government and designated agencies to take decisive action to protect the human rights of vulnerable adults.” 

Key recommendations include: 

  • The designated agencies immediately desist from detaining adults under s.59(2) of the AGA for longer than is required to address the immediate risk of death or serious harm unless a support and assistance order has been obtained that authorizes the detention.   
  • Ensuring adults detained under the Adult Guardianship Act have access to counsel. 
  • Introducing amendments to the Adult Guardianship Act to clarify whether a detention is allowed in emergency circumstances under section 59(2) of the Act, in a manner that is compliant with domestic and international human rights law.  
  • Developing mandatory provincial training for all those who exercise decision making authority under Part 3 of the Adult Guardianship Act. 

To see the full list of recommendations, see the Analysis and recommendations for change section. 

Quotes from community members  

Erika Cedillo, Director of Public Policy and Programs, Inclusion BC 

“We welcome the results of this inquiry, which highlight the lack of appropriate oversight and transparency regarding the powers granted under the Adult Guardianship Act to detain people. As advocates for the rights of people with intellectual and developmental disabilities, we are concerned about the disproportionate impact that this kind of power can have on people’s rights and how access to justice is often denied. It is essential to provide access to counsel in a manner that is accessible to meet people’s needs. The Commissioner’s recommendations offer a path forward to ensure robust safeguards for the protection of human rights, and we look forward to their acceptance and implementation.” 

Jonny Morris, CEO, Canadian Mental Health Association, BC Division 

“Supporting vulnerable adults means ensuring safety while protecting rights. This report shows we need greater transparency in how the Adult Guardianship Act impacts autonomy. Our experience with the Independent Rights Advice Service demonstrates government can take positive steps forward—momentum that should continue considering this report. We support the B.C. Human Rights Commissioner’s recommendations for safeguards ensuring all community members—including those with disabilities and mental health or substance use challenges—receive care while respecting their fundamental human rights.”  

Laura Johnston, Legal Director, Health Justice  

“We look forward to prompt action by the B.C. government to address the human rights violations adults have experienced under the Adult Guardianship Act and to create independent oversight to ensure that these violations never happen again.” 

Kevin Love, Lawyer, Community Legal Assistance Society  

“The Community Legal Assistance Society thanks the Commissioner for shining a light on this critical issue. The Adult Guardianship Act should not be used to lock away the vulnerable adults it is designed to support and assist. Detaining people for lengthy periods of time without any meaningful safeguards, oversight or protections runs counter to the core values of a free and democratic society.” 

Resources 

Access the full report, executive summary, press conference livestream/recording and other resources at: bchumanrights.ca/were-still-here 

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Media contact

To request an interview with Commissioner Kasari Govender, please contact Lindsey Bertrand, Manager, Communications, at or 604-306-7369.   

Media kit 

Visit our media kit for images of Commissioner Kasari Govender, pronunciation guidance, bios and more.  

About BCOHRC 

BC’s Office of the Human Rights Commissioner exists to address the root causes of inequality, discrimination and injustice in B.C. by shifting laws, policies, practices and cultures. We do this work through education, research, advocacy, inquiry and monitoring. Learn more at: bchumanrights.ca  

About the Commissioner 

Kasari Govender began her work as B.C.’s first independent human rights commissioner in September 2019.  As an independent officer of the Legislature, Commissioner Govender is uniquely positioned to ensure human rights in B.C. are protected, respected and advanced on a systemic level. In her first five-year term, her work through BC’s Office of the Human Rights Commissioner included a public inquiry into experiences of hate in the pandemic, a report on systemic discrimination in policing, community embedded research about a range of human rights issues experienced by British Columbians, public awareness campaigns about ableism and racism and guidance to government that, among other things, informed the creation of both the Anti-Racism Data Act and the Anti-Racism Act. Commissioner Govender was reappointed for a second term beginning in September 2024. 

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