International Journal of Law and Psychiatry, Vol. 23, No. 2, pp. 173–194, 2000
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173
The British Columbia Review Panel
Factors Influencing Decision-Making
Isabel Grant,* James R. P. Ogloff,† and Kevin S. Douglas‡
Introduction
In Canada, administrative tribunals exercise substantial authority in deciding
the fate of individuals who have been civilly committed.
1
These tribunals make
decisions regarding committed individuals who want to reject some aspect of
their care, either a refusal to take medications or a desire to leave the hospital.
In British Columbia, Review Panels deal exclusively with individuals seeking
release whose physicians will not release them from hospital. The Panel’s task
is to determine whether the conditions for involuntary detention continue to
be met. When the Panel releases someone, it is by definition against medical
advice. Review Panel members are sometimes criticized by hospital staff and
in the media for interfering with “medical” decisions for which they have little
expertise. In fact, however, the tribunals are legal, and not medical, decision-
makers, whose role is to determine whether the statutory requirements for
overriding an individual’s choices have been met.
*Faculty of Law, University of British Columbia, Vancouver, British Columbia, Canada.
†SFU/UBC Program in Law and Forensic Psychology, Simon Fraser University, Burnaby, British Colum-
bia, Canada.
‡SFU/UBC Program in Law and Forensic Psychology, Simon Fraser University, Burnaby, British Colum-
bia, Canada.
This research was made possible in part by a grant awarded to the authors by the British Columbia
Health Research Foundation. The authors are grateful to Mr. Allan Tuokko, Coordinating Chair of Review
Panels, and Mrs. Vidya Sharma, the Office Manager of the Review Panel Office, for their support of this
project and for their assistance. In addition, the authors thank Lindsey Jack, Tonia Nicholls, Sharon Agar,
Darren Nicholls, and Wendy Houtmeyers for their assistance with this study.
Address correspondence and reprint requests to James R. Ogloff, Program in Law and Forensic Psy-
chology, Simon Fraser University, Burnaby, British Columbia, Canada ,V5A 1S6.
1
Mental Health Act, R.S.B.C. 1996, c. 288; Mental Health Act, R.S.N.W.T. 1988 c. M-10; Mental Health
Act, S.Y.T. 1989–90, c. 28; Mental Health Act, S.A. 1988, c. M-13.1; Mental Health Act, R.S.N.W.T. 1988, c.
M-10; Mental Health Act, S.S. 1984–85–86, c. M-13.1; c. M-13.1; Mental Health Act, R.S.M. 1987, c. M110;
Mental Health Act, R.S.O. 1990, c. M-7; Mental Patients Protection Act, R.S.Q. 1977 c. P-41 (as amended);
An Act to Amend the Mental Health Act, S.N.B. 1989, c. 23 (as amended); NS-Hospitals Act, R.S.N.S.
1989, c. 208; Mental Health Act, R.S.P.E.I. 1994, c. 39; Mental Health Act, R.S.N. 1990, c. M-9.