Bill on forced addiction treatment will include evaluation process, minister says
Austin defends proposed legislation but critics call it patronizing
New Brunswick's public safety minister says there'll be a medical evaluation process as part of new legislation to force some people with severe addictions into treatment against their will.
Kris Austin told reporters that the bill will "absolutely, 100 per cent" include a process involving medical professionals, family members and others.
"We're not looking to arbitrarily just drag people into some sort of incarceration," Austin said Wednesday.
"It would be more than simply the minister of public safety to determine that, or even a police officer. This is something that the medical profession really has to have the final say on, whether treatment is warranted."
Premier Blaine Higgs's comments about the bill sparked criticism this week. (Radio-Canada)
Premier Blaine Higgs's comments on Tuesday about the pending bill, the Compassionate Intervention Act, sparked criticism from housing advocates and addiction experts.
Higgs mentioned the bill when answering questions about two people who died in a fire at a tent encampment for homeless people in Saint John.
Health Minister Bruce Fitch acknowledged that he didn't know whether the proposed legislation would have done anything to prevent those two deaths, which remain under investigation.
University of New Brunswick Saint John associate professor Julia Woodhall-Melnik, who researches housing issues, said the government is heading in a dangerous direction with talk of forcing people into treatment.
"People are unhoused for multiple different reasons, and it's patronizing to say, as the government, 'we know what's best for you so just let us deal with your problems.'"
Austin had to correct some of Higgs's comments from Tuesday, when the premier suggested the legislation would apply to people on the street so that "we can help them find shelter so they will not die."
The aftermath of a fire that killed two people at a homeless encampment in Saint John this week. (Roger Cosman/CBC)
The minister said the bill will only apply in very severe cases of addiction, not to any homeless people refusing to enter shelters.
"Going to a treatment centre voluntarily is always better than involuntary," Austin said.
"But when you have people who are at the absolute bottom of their lives in addiction, incoherent most of the time, we have a responsibility as a society to help those people and try to get them into a treatment facility."
Woodhall-Melnik said people seeking voluntary addiction treatment are already encountering long waits so it's not clear whether the capacity exists to treat more people.
Julia
Woodhall-Melnik, a UNB Saint John associate professor, predicts the
legislation will eventually be struck down as unconstitutional. (Cameron Fitch/UNB)
Higgs announced in his state of the province speech in January that the government plans to double the capacity of adult addiction rehabilitation programs and will launch a new four-to-six-month long program with an initial 50 beds.
The Mental Health Act already allows for the forced hospitalization of someone deemed at risk of causing themselves or others "imminent physical or psychological harm."
But that requires a psychiatric assessment and approval of a tribunal, and the hospitalization can't be for longer than 72 hours — far too brief for addiction treatment, Woodhall-Melnik noted.
The Charter of Rights and Freedoms includes "the right not to be arbitrarily detained or imprisoned."
Austin couldn't say Wednesday how the government will ensure the new act doesn't violate that section.
"Fortunately, I'm the minister of public safety and there's a minister of justice that would be more prone to answer that question," he said.
"We have extreme cases of people in society … and we are going to to do everything we can within our power to ensure those people have a chance of getting help, and that's what this is designed to do."
Austin also said "most" people with severe addictions living on the street "don't even know their own name."
Liberal Leader Susan Holt said forcing people into treatment was not a good idea, adding that other options are available. (Radio-Canada)
"The way he spoke down about people who are struggling with addictions was really hard to listen to," said Liberal Leader Susan Holt.
She said those comments, and Higgs's mistaken claim the bill would force people into shelters, shows the government lacks a plan to address homelessness.
"They're grasping at straws and conflating issues where they shouldn't be," she said.
Austin said the bill will be introduced in the next week. The legislature is scheduled to sit Thursday and again next Tuesday before breaking for committee work for the rest of April.
Woodhall-Melnik predicted the legislation will eventually be struck down as unconstitutional.
"It violates the Charter. And I really don't think that it's going to stand up in our higher levels of court," she said.
"When you look at restricting anybody's freedom … that's a very slippery slope to get into, and we, as the public, should be watching that extremely carefully because, really, at the end of the day, it is stripping away a right."
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"The Charter of Rights and Freedoms includes "the right not to be arbitrarily detained or imprisoned."
Austin couldn't say Wednesday how the government will ensure the new act doesn't violate that section.
"Fortunately, I'm the minister of public safety and there's a minister of justice that would be more prone to answer that question," he said.
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Roger devry
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"But when you have people who are at the absolute bottom of their lives in addiction, incoherent most of the time, we have a responsibility as a society to help those people and try to get them into a treatment facility."
It's hard to argue this statement, but surely Mr. Austin realizes he's crossing the line when he substitutes "try" to "force".
Charter violations are all too common with the federal government. We don't need any made here in NB.
Kyle Woodman
Meanwhile the OMC's are getting ready for another summer of cosplay on the highways of the province with all their new proceeds. Not hard to figure out where this is coming from and who is benefitting. I don't know about you, but I can't afford a new Harley with my salary. How can people afford one when they don't even have a job?
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Bikers. The head of HA in NB lives in Minto. Maybe Austin should start in his own backyard.
David Amos
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Oh My My
Some homeless people don't want to leave the street, Higgs says
Premier says Saint John deaths show need for law to let authorities force people into addiction treatment
Premier Blaine Higgs says the death of two people at a tent encampment in Saint John shows the need for legislation that would force some homeless people with addictions into treatment against their will.
Higgs brought up the bill, yet to be introduced, in response to questions from the opposition about the two deaths on Monday.
"Some people just don't want to come off the street," the premier said in Question Period.
"So are we going to consider that as an acceptable lifestyle and condone it? Or are we going to find a way to help them find a way back into homes and into a life that's worth living?"
Police
and fire were on scene at Paradise Row in Saint John Monday afternoon
for a fire at a homeless encampment that killed two people. (Roger Cosman/CBC)
Last fall's throne speech promised legislation called the Compassionate Intervention Act, which the government said would "empower judges and hearing officers to order treatment for severe substance abuse disorder."
It said that intervention would include "a compassionate approach" and the legislation would set out parameters for that.
Higgs said during Question Period that the bill would recognize that when people's lives are in danger, "we can help them find shelter so they will not die."
The premier said he hoped the legislation would win unanimous support in the legislature.
Speaking to reporters, Higgs wouldn't say how the planned legislation would comply with the Charter of Rights and Freedoms, which says everyone has "the right not to be arbitrarily detained or imprisoned."
"That's where the debate will come in, in the house, when we introduce it," Higgs said.
"Basically, when does it become a safety issue? The safety not only of the individual, but to the community. … And we'll see where that goes."
Saint John police say it could be days or weeks before the two people who died in the fire Monday afternoon are identified. The fire is under investigation.
Higgs expressed his condolences to the families of the two victims.
Health Minister Bruce Fitch told reporters Tuesday he didn't know whether the legislation would have made a difference in Saint John.
Liberal Leader Susan Holt said forcing people into treatment was not a good idea, adding that other options are available. (Radio-Canada)
Liberal Leader Susan Holt and Green Leader David Coon both said forcing people into treatment was not a good option and that some people don't choose shelters because they don't feel safe there or fear someone will steal the few possessions they have.
"We have a government saying they [people on the street] are the problem," Holt said.
"There are solutions out there that this government is not acting upon."
Coon called the idea "crazy" and "problematic," noting there's already a law that allows people to be detained if they are a danger to themselves or others.
"We'll see what the bill says, but the way it's been presented, it sounds like it goes way too far," he said.
Green Leader David Coon called the plan for upcoming legislation "crazy" and "problematic." (Radio-Canada)
Public Safety Minister Kris Austin said last week the legislation was coming "shortly."
In Question Period, Fitch accused the opposition Liberal and Green parties of "politicizing" the two Saint John deaths, saying a lot remained unknown about the circumstances.
"Wait for the investigation to be complete, and learn from that," Fitch said, though he also made factual claims about the situation, including an assertion that there were spots available in shelters in Saint John on Monday night.
Higgs said he didn't know if other provinces have used such a law with any success, but he said it was better to help "save people from themselves" rather than just keep building more tent encampments.
He said too often, New Brunswickers see someone on the street whose life is at risk.
"If they don't respond, 'Yes, I want to come off, yes I want help,' then we walk on by. And it just doesn't seem we should be doing that," he said.
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David Amos
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