Woman was illegally detained in hospitals for nearly a year, judge rules

This story has been updated with a statement from Fraser Health.

A B.C. woman who was detained in a number ofhospitals for nearly a year without receiving an explanation in writing or being allowed access to a lawyer has won a lawsuit against the regionalhealth authority.

On Friday, a B.C. Supreme Court justice found that the woman, identified as A.H., had her Charter rights violated when Fraser Health detained her against her will for 11 months and 13 days between 2016 and 2017.

Justice Lisa Warren said, at first, the health authority had justifiable reason to legally detain the woman under B.C.'s Adult Guardianship Act.

However, the health authority didn't apply for a court order authorizing her detainment for months and never gave A.H. reasons in writing.

Warren said thatwasinexcusable.

"There is no doubt that on Oct. 6, 2016, FHA staff had good reason to believe that A.H. had been abused and that she was at risk of serious harm," the justice wrote in her ruling, posted online on Monday.

"FHA's failure to [obtaina court order] and its decision to instead detain A.H. for nearly a year, without providing her with clear and written reasons for the detention or the opportunity to obtain legal advice, under conditions that significantly violated her residual liberty, is inexplicable."

6 days, 3 escapes

The justice described A.H., now 39,as "highly vulnerable" and cognitively impaired, with a history of abuse.

Health officials who hadbeen investigating hercase before her detention found she was beingphysically and sexually abused by her mother. On Oct. 6, 2016, staff took her out shopping for new clothes to replace her dirty ones. Instead of taking her home afterward, they admitted her to Delta Hospital.

They believed they had a right to do so under the Adult Guardianship Act asthere was an "unacceptable risk" to her safety at home.

Justice Lisa Warren said trips outside for fresh air were limited during A.H.'sdetention. She was tied down to her bed more than once.She cried often, telling staff she felt like she was "in jail."

For months, a"do not acknowledge" protocol was in place, soif anyone called or came to the hospital looking for A.H., staff would deny she was there. She was told she couldn't speak to a lawyerfor the first nine months of her detainment, even though she asked for one.

A.H. escaped Delta Hospital three times in six days during the first month of her detention. Each time, she returned to her mother's house and police returned her to hospital against her will.

After the third escape, A.H. was involuntarily movedto thesecure ward at Surrey Memorial Hospital.

She wasn't allowed outside for months.

"She was frequently observed crying, telling staff, 'I feel like I'm in jail,'" Warren wrote. "She was told she would be so restrained if she did not agree to stay in the hospital. At times, she was strongly encouraged, if not pressured, to take medication, including for sedation, in the face of her protestations."

Hospital staff didn't acknowledge she was a patient and allow visitors until January 2017 three months after her detainment. A.H. was moved to Timber Creek Tertiary Care Facility, an inpatient mental health facility in Surrey, six months later.

Staff gave A.H. contact information for legal assistance that July. Her lawyer, Laura Johnston, filed a petition against Fraser Health on Aug. 2, 2017.

The health authority filed its applicationfor a court order to keep A.H. at Timber Creek after that. A provincial court judge granted the order, saying A.H. still needed protection, but said the authority needed to find her a residence in Surrey. The judge also said he didn't think A.H.'s situation had been an emergency.

The judge issued theorder authorizing a support and assistance plan with a residential placement in Surrey on Nov. 6, 2017.

In an emailed statement, FraserHealth said it was "aware of the judgment."

"We are currently reviewing the decision and considering our next steps. It would be premature for us to comment any further at this time," the health authority said.