Judicial History: The Supreme Court of British Columbia denied certification, finding the pleadings insufficient to establish a cause of action. The plaintiffs claimed substandard care due to stigmatization, breaching common law duty of care and sections 7 and 15(1) of the Charter.

Legal Arguments/Issues:

• Common Law Duty of Care: The plaintiffs argued that the Ministry owed a duty to eliminate stigma in the healthcare system, which was breached.
• Section 7 Charter Rights: They claimed that inadequate steps to address mental health stigma endangered lives and security.
• Section 15(1) Charter Rights: They argued that stigma led to discrimination and unequal treatment in healthcare.

Court's Analysis: The court dismissed the appeal, agreeing with the lower court that the common law duty of care was inadequately pleaded. It held that the claims under sections 7 and 15(1) of the Charter did not present an arguable case. The court found no judicially manageable standard to assess the adequacy of government response to mental health stigma, considering it a policy matter beyond judicial scrutiny.

Costs/Awards: The court awarded costs in favor of the respondent, His Majesty the King in Right of British Columbia (Ministry of Health), as the appeal was dismissed. Financial terms were not specified.

Conclusion: The Court of Appeal upheld the decision of the Supreme Court, concluding that the plaintiffs did not establish sufficient grounds for a class action or Charter breaches.