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A B.C. woman detained and hospitalized against her will for mental health reasons has won a constitutional challenge, in which she argued she and others in similar situations have the right to be provided legal aid.

The challenge, which was filed in B.C. Supreme Court, was settled after the provincial government agreed to fund legal representation for individuals detained under the Mental Health Act.

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Under that act, a police officer is allowed to arrest people and take them to the hospital for treatment if it’s believed there’s a risk of they might harm themselves or may pose a danger to others.

Photo by NICK PROCAYLO / PNG

In August 2016, the woman, who is identified as Z.B. in court documents, was involuntarily detained and hospitalized. Z.B. couldn’t afford a lawyer and requested one through the Community Legal Assistance Society, which contracts with the government to provide legal aid to involuntary patients.

The society was unable to provide a lawyer at the time of Z.B.’s August hearing, citing underfunding. With the assistance of the B.C. Public Interest Advocacy Centre, Z.B. launched a Charter challenge against the B.C. government.

Z.B. was eventually provided a lawyer for her case, but continued with the Charter challenge.

“We want to thank Z.B. for taking on this case and for sharing her very personal story with the public. Her courage during a difficult time in her life resulted in a remarkable systemic solution after years of government inaction,” said Kate Feeney, a staff lawyer at the Public Interest Advocacy Centre and counsel for Z.B.

The challenge was settled in December 2016, Feeney said in a media release on Friday.