Legal Question in Family Law in Canada

The concept of "emancipation of a minor" is a fiction popularized by TV programs originating in the United States; it does not exist in British Columbia and we suspect does not exist anywhere else in Canada (we can not give definitive advice on the laws of jurisdictions other than B.C. because no one in our firm is licenced anywhere other than B.C.). We can say that the concept does exist in a few U.S. States.

In B.C., Section 21 of the Infants Act says that the Suprme Court of B.C can make an Order that grants an infant (someone under 19) "full capacity" or the capacity to enter into a "contract or class of contract specified in the order".

The Court can not make any such Order unless it is satisfied that the order is for the benefit of the infant and that, having regard to the circumstances of the infant, he or she is not in need of the protection offered by law to infants in matters relating to contracts.

The Court would look at a number of factors, but one of the most important would be the child's mental health and capacity to make decisions that any reasonable adult would think appropriate; another is the ability of the child to support herself. Evidence of maturity and mental health would be required. It would be up to your daughter to prove she is capable, not to you to prove she is not.

Your daughter's lack of insight into her mental health problems virtually guarantee that any application to the Court under Section 21 would fail.

There is another issue however; the issue is what happens when your daughter turns 19 and is an adult. You should start planning for this now. From what you ahve said in your question, it is quite likely that your daughter will be incapable of taking care of herself when she turns 19, and you should consult a mental health professional, preferably a psychiatrist and/or psychologist or both as to the probable course of your daughter's illness. It may be that at the age of 19 she will be incapable of making appropriate decisions for herself such that she should be declared incompetent and have a "Committee" appointed for her. A Committee is a sort of guardian appointed by the Court and supervised by the Public Guardian and Trustee for British Columbia and the Court. The legislation is the "Patients Property Act", which covers more than just property. It authorizes appointment of a Committee to make decisions concerning how your daughter will live - where, under what sort of rules, with what degrees of freedom to act as she wishes or not, etc. (Committee of the Person) and decisions over her money - what she can do with "her" money; controlling her accounts, earnings if any, etc. (Committee of the Estate).

You should consult a lawyer in person as soon as possible; many lawyers in your area (LawGuru does not allow us mention specific cities, nor phone numbers) provide a first consultation without fee and without obligation. Just call and ask.