Letter dated April 2, 2024 from M. Brown, Chair, PRIMECorp Board of Directors, Re: PRIMECorp Budget to Municipalities

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October 6, 2021

Their Worship David Screech Mayor of Town of View Royal 45 View Royal Ave Victoria BC V9B 1A6

Dear Mayor Screech:

Thank you for your letter of April 1, 2021, addressed to the Honourable John Horgan, Premier, expressing concerns about the use of police resources in hospital emergency rooms while officers wait with persons apprehended under section 28 of the Mental Health Act (the Act). The Premier has asked me to respond on his behalf, and I apologize for the delayed response.

Thank you for identifying the problem, and presenting constructive solutions. The interface of public safety, police resources, mental health and addictions is a priority for our government, and is reflected in several of the mandate letter instructions given to me by the Premier. We are working on solutions and across government we feel the urgency of the situation in communities, particularly because of the impacts of the pandemic.

You requested that hospital security staff be authorized and trained to take custody of patients apprehended under the Act while those patients are awaiting assessment by physicians.

When a person is detained under section 28 of the Act by a police officer, they are transported to the nearest designated facility under the Act. The officer waits with the person until a physician has completed the psychiatric assessment to determine whether the person meets the criteria for involuntary detainment and treatment under the Act, and the transfer of responsibility from police to the designated mental health facility can take place.

There is no legal authority in the Act for hospital security staff to detain patients who are awaiting examination for involuntary admission. Section 28 of the Act authorizes a police officer or constable to apprehend and immediately take a person to a physician for examination; there is no equivalent provision in the Act applying to hospital security staff, nor is there authority in the Act for a police officer or constable to transfer the authority to detain a patient to hospital security staff.

The ministries of Public Safety and Solicitor General (PSSG) and Mental Health and Addictions (MMHA) are working in collaboration on mental health related issues involving police. The Ministry of Health (HLTH) is also working with MMHA on broader issues associated with crisis intervention and emergency response. PSSG has advised that hospital security personnel are licensed security workers trained to maintain safety and security of hospital premises. PSSG considers the requirement for police to remain with patients apprehended under the Act until they can be assessed by a physician to be a patient safety issue. PSSG also advises that the issues around special provincial constable appointments are complex, involve multiple ministries, legislation, and liability issues.

While there is no immediate plan to issue special provincial constable appointments to hospital security personnel, the Special Committee on Reforming the Police Act is examining the role of police with respect to complex social issues including mental health and addictions and is considering any appropriate changes to relevant sections of the Mental Health Act. For further information on the Special Committee please see the following link: https://www.leg.bc.ca/parliamentary-business/committees/42ndParliament-1stSession-rpa

To minimize police wait times with involuntarily apprehended patients in the emergency department, in 2018, the Health and Public Safety ministries developed a provincial toolkit to help health authorities and police agencies in the development of joint local protocols/agreements. The provincial toolkit includes tools to minimize police wait times and ensure smooth transition from police custody to health care services for persons detained under the Act in emergency departments. The toolkit is available on the Ministry of Health website: https://www2.gov.bc.ca/assets/gov/health/managing-your-health/mental-health-substance-use/police-interface-report.pdf

In addition, MMHA has been in contact with Kelly Reid, the Interim Executive Director of the Vancouver Island Health Authority (Island Health) who is responsible for the management of mental health and substance use services. Mr. Reid advised that a Joint Greater Victoria Police Partnership Committee was established five years ago with representatives of the Saanich, Victoria, and Esquimalt police departments, the RCMP, and Island Health to address emergency department police wait times with patients detained under Section 28 of the Act. A joint protocol and various tools were developed and police wait times were reduced over time. Since the onset of the COVID-19 pandemic, this committee has not met. Mr. Reid indicated that the committee will be reconvening in the fall and welcomes participation from additional participants from the region to explore options to minimize police wait times in hospital emergency departments and address issues concerning involuntary patients under the Mental Health Act. Mr. Reid can be reached at Kelly.Reid@viha.ca.