Tuesday 2 April 2024

Higgs won't rule out notwithstanding clause for addiction treatment bill

 
 
 

Higgs won't rule out notwithstanding clause for addiction treatment bill

Premier says too early to say if legislation will be insulated from Charter of Rights legal challenge

Premier Blaine Higgs is not ruling out using the Constitution's notwithstanding clause as part of legislation that would allow authorities to force people with severe addiction into treatment against their will.

Higgs said Tuesday it is soon to say if the bill will need to invoke the clause to protect it from a challenge under a Charter of Rights and Freedoms guarantee against arbitrary detention.

"Well, it's early days. I would say, let's get it introduced and then have lots of discussion on that and the details," Higgs told reporters.

He said the Compassionate Intervention Act will be introduced in May. 

Section 9 of the Charter says everyone has "the right not to be arbitrarily detained or imprisoned."

Kris Austin speaks to reporters in the rotunda of the New Brunswick Legislature. Public Safety Minister Kris Austin avoided questions last week about the Charter implications of the bill. (Mikael Mayer/Radio-Canada)

Last week, Public Safety Minister Kris Austin said the legislation will include a process allowing medical professionals, family members and others to weigh in on whether someone with severe addiction needs to be forced into treatment.

"We're not looking to arbitrarily just drag people into some sort of incarceration," he said at the time.

Austin avoided questions last week about the Charter implications of the bill, but experts, including University of New Brunswick Saint John housing researcher Julia Woodhall-Melnik, predicted the courts would strike it down as unconstitutional.

Law professor Wayne MacKay of Dalhousie University's Schulich School of Law told Information Morning Moncton that it is "a big question mark" whether the legislation would survive a Charter challenge.

"In general it would be difficult, I think, to justify this kind of a restriction on rights," he said.

The notwithstanding clause allows a legislature to insulate a bill from a court challenge by declaring that some Charter sections, including the one on arbitrary detention, do not apply. 

When he spoke to reporters March 27, Austin said the bill would be introduced "within the next week" but on Tuesday the legislature held its last sitting day before May. 

A committee of MLAs will spend most of April approving departmental budget estimates, meaning no new bills can be introduced until next month.

Higgs described the legislation as necessary to address the homelessness crisis, noting that shelters are not equipped to help people recover from addiction. 

In his speech Tuesday, wrapping up debate on the provincial budget, he said this year's spending plan includes start-up costs for a new 50-bed residential rehabilitation facility.

Person hunched over shopping cart with two bikes The premier said the program would start with 50 new beds, but would eventually treat 100 to 140 people each year. (Alexandre Silberman/CBC)

Higgs said he was not worried about being able to find enough people to provide the services.

"It's early yet but we think we can find the resources to staff a facility like this," he said.

He also said it was "premature" to discuss what kind of security would be in place at the new facility, given some people will be there against their will.

In his state of the province speech in January, the premier said the government would double its capacity for adult addiction rehabilitation and was working on a new program with a four- to six-month treatment program.

The program would start with 50 new beds but would eventually treat 100 to 140 people each year, depending on the length of their program, he said then. 

ABOUT THE AUTHOR


Jacques Poitras

Provincial Affairs reporter

Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history.

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193 Comments 
 
 
 
David Amos
The notwithstanding clause is a joke Clowns try to employ
 
 
 
David Amos
Methinks the latest trick of the former wannabe leader of the COR Party may cause his Attorney General to retire from the field as well N'esy Pas?
 
 
 
David Amos
The notwithstanding clause is a joke 
 
 
Dennis Woodman
Reply to David Amos 
The notwithstanding clause was brought in by the first Trudeau
 
 
David Amos

Reply to Dennis Woodman
Much to the chagrin of Lyin Brian and his cohorts
 
 
David Amos
Reply to Dennis Woodman
Do you know the whole story?




David Amos
Section 9 of the Charter says everyone has "the right not to be arbitrarily detained or imprisoned."

Except when I am arrested

 
Harvey York 
Reply to David Amos  
Eff around and find out, eh pal?
 
 
David Amos

Reply to Harvey York 
You are Higgy's pal not mine  
 
 
David Amos
Reply to Harvey York 
You should know
 
 
 
 
David Amos
   
This is interesting news for Minister Austin to read

RCMP bust of long-suspected drug house 'long time coming,' resident says

Bust is part of a larger issue in the community, says resident Sheila Cooper

Heidi Atter · CBC News · Posted: Apr 03, 2024 6:02 AM ADT

 
 
 
 
BD Morgan  
More rights being removed by the provinces. The continuing slide to the right in Canada?
 
 
Vince Kane
   
Reply to BD Morgan  
Just to point out, rights being removed is considered a slide left on the socio political spectrum. 


Robert Tangence
Reply to Vince Kane  
That Higgs, such a lefty progressive! Much like so many Middle Eastern countries that deny freedom from incarceration without court conviction or representation. 
 
 
David Amos
Reply to BD Morgan 
Perhaps you should study Bill C-63   
 
 
Vince Kane
   
Reply to Robert Tangence
Meh............ left and right in this context do have definitions.

A shift towards absolute rights is a shift "right", weakening rights is a shift "left". We teach that in school.

 
BD Morgan  
Reply to Vince Kane 
Kane Smith and Higgs are left? 
 
 
BD Morgan   
Reply to Vince Kane  
And oh yes. Moe.
 
 
BD Morgan 
Reply to David Amos
I am not the one considering the not withstanding clause. 
 
 
BD Morgan   
Reply to Vince Kane
You teach revisionist history in school? 
 
 
David Amos
Reply to BD Morgan
Do You? 

BD Morgan   
Reply to Vince Kane
Invoking the notwithstanding clause is removal of rights by definition. 
 
 
Vince Kane
Reply to BD Morgan
And the skill testing question is:

Is that a move left on the spectrum

or

a move right on the spectrum?

 
Vince Kane
Reply to Vince Kane
I'll give you a hint..... the notwithstanding clause was created by a Liberal PM.  

 
BD Morgan  
Reply to Vince Kane   
It is being done by a right wing government. So a move to the right. Same as in Saskatchewan.  
 
 
David Amos
Reply to BD Morgan
Both of you need to study history before you argue currents events in public
 
 
Robert Tangence  
Reply to Vince Kane  
Well thank goodness the "school" taught you than the suffrage, the civil rights movement, and same-s marriage was driven by the right wing. Freedom after all! ;) 


BD Morgan  
Reply to David Amos
Tell us professor, what does the notwithstanding clause do? 
 
 
David Amos

Reply to BD Morgan 
I am not the one who professes to be a professor but I am one hell of a student 
 
 
Vince Kane
   
Reply to BD Morgan
First, you have confused Sask with AB. You should be talking about SMith, not Moe.

Second, Donald Trump can bring in left leaning legislation and Biden can bring in right leaning.

It's the legislation that counts, not the affiliation of the politician. I have already explained that........ you have homework to do. 

 
Robert Tangence  
Reply to Vince Kane  
Recent history is a good study, where one can learn that the Charter of Rights and Freedoms wouldn't exist if the notwithstanding clause were not included. All provinces wouldn't have been on board without it . 
 
 
BD Morgan  
Reply to Vince Kane   
"Sask. premier to use notwithstanding clause to veto judge ruling on school pronoun policy" 
 
 
BD Morgan  
Reply to Vince Kane   
It helps if you get up to speed on Canadian politics.

Ford used it as well.

 
Vince Kane
   
Reply to BD Morgan  
From the guy who still doesn't get left vs right..................  
 
 
BD Morgan  
Reply to Vince Kane  
I don't agree with your arbitrary definition. Not many would. 
 
 
  
 
 
Robert Tangence   
I read a book once where people were institutionalized for conditioning to modify unwanted behavior even if they broke no laws. I used to think it was fiction. Higgs is making it real. 
 
 
David Amos
Reply to Robert Tangence 
Many History books have confirmed that was done for eons 
 
 
Robert Tangence 
Reply to David Amos
So it's fine then? What about societies that recognize the importance of human rights, or is that now out the window because it's thought of as too "progressive"?  
 

David Amos
Reply to Robert Tangence 
"What about societies that recognize the importance of human rights"

Name one that truly mean what they claim

 
 
Kevin Archibald  
Treatment? That's funny. 
 
 
David Amos
Reply to Kevin Archibald  
The sad part is that the joke is on us 
 
 
 
Wilbur Ross
Another illegal bill. Que the lawsuits. What a waste of time and money. Obviously you can't do this in Canada. New Brunswick IS Canada's slippery slope with Higgs in charge
 
 
David Amos
  
Reply to Wilbur Ross
Methheads prove on a daily basis how selective law enforcement is in NB 
 
 
David Amos
Reply to Wilbur Ross  
It appears that the truth hurts 
 
 
 
John Smith 
Next will be forced church attendance.  
 
 
David Amos
Reply to John Smith
Of that I have no doubt



 
Dale McConnell 
Forced treatments??? Pardon? 
 
 
David Amos
Reply to Dale McConnell 
There is no talk of Pardons 
 
 
Bobby Richards 
Reply to David Amos
haha
 
 
 
 
Ray Collins 
Can somebody in government please tell me where exactly these treatment centers are located? I know many people here in just Moncton who have addictions and are seeking voluntary treatment and are told the wait time is 6-18 months for available beds.

Will this program be farmed out and administered by an outside agency and if so, at what cost to the taxpayers of NB? Once the high risk people are carted off for treatment will they take the next lower risk and force treatment on them as well? What about low risk people, will they be rounded up for forced treatment as well?

Unless you are prepared to treat people completely including finding out why they have the addiction in the first place then you are only putting band aids on bullet wounds and nothing more. There is no plan in place for treatment, there are no available facilities and there are certainly no people to run and administer the program yet we are going to make it law. Another scam which by the way folks we are financing. 

 
Kevin Archibald 
Reply to Ray Collins   
Maybe if they stop blaming everything and everybody, they can start to help themselves, but I doubt it. 
 
 
Bobby Richards
Reply to Ray Collins 
Ray that is my concern too. Spaces for voluntary treatment are slim to none in NB. I say first we need to get the support and spaces for those that want to do it voluntarily before we start rounding up and jailing 
 
 
 
 
Frank Brace 
Reply to Ray Collins   
There is no mention of forced treatment programs working , both because they do not exist and did do not work when they did 
 
 
David Amos
Reply to Frank Brace
Bingo
 
 
 
 
Corrie Weatherfield   
well here we go again . . . there will so much to remember this premier by (if, when) he is out of office . . . the beautiful steel skeleton on King St of the maybe new justice building . . . the wonderful image of the formerly asbestos riddled Centennial Building ( that did not make it to a 100 year span) still empty after all these years . . . the fight not over about kids' gender issues in school . . . the ongoing battle over changes made to pension plans without respecting the legal rights of plan members . . . now an attack on vulnerable people which may make things worse for them . . . what else? 
 
 
David Amos
Reply to Corrie Weatherfield   
Welcome back to the circus  
 
 
Bobby Richards
Reply to Corrie Weatherfield  
Higgs is leaving his mark on downtown Fredericton.


Samual Johnston  
Reply to Corrie Weatherfield   
if you polled the average person on these topics with out mentioning political party the vast majority would be fine with them -- trying to turn NB in to a fiscally responsible Province, stand up for parents rights and troubled youth, eliminating an unsustainable pension system, looking for ways to help addicts and so much more. The pension issue would garner the support of most even if attribution it to the Conservatives as it was something that needed fixing for decades. This government is far from perfect but at least they are attempting to take on the issues - they will probe be best know for getting reelected. 


David Amos
Reply to Samual Johnston   
Define "average person"
 
 

Greg Miller 
The notwithstanding clause does not permit imposing medical treatment. This is a no-winner Higgs -- give it up and get new advisors pronto!  
 
 
Bobby Richards 
Reply to Greg Miller  
I believe Higgs and Austin only care about the jailing part. If they get them off the streets then the public doesn't see them, they will assume the problem has been resolved. 
 
 
David Amos
Reply to Greg Miller  
Mr Outhouse and his buddy Jenni are purportedly the best of advisors   
 
 
Paul Greenspan
Reply to Bobby Richards
And if you are openly using illegal drugs then why can't you put them in jail.If I was to sit outside any building in any city drinking beer, the police would arrive right away and I would be put in jail.We are wasting money setting up centers for safe (illegal) drug use when we could put money into treatment centers.You can't force people into treatment nor can we continue to enable.Take at look at Vancouver!! The time to act in now or we are looking at many Vancouvers, 
 
 
David Amos
  
Reply to Paul Greenspan  
Exactly People caught with illegal drugs should go to jail and the crooks selling it to them should have the book thrown at them. Everybody knew one of the Kingpins was camped in Austin's riding

Ontario police seize 125 kilograms of crystal meth after New Brunswick man arrested

Carolyn Ryan | CBC News | Posted: Friday, March 29th, 2024 4:47 PM

 
David Amos
Reply to Paul Greenspan  
Ditto




Benny Swim
Many are on the streets for issues other than drug addiction. Even for the sake of argument 100% of them were, there are not enough treatment centres or trained staff in in NB for people to go to voluntarily. So, just exactly where are they going to force these people to go? Jails? Few treatment services there, although I guess it would inflate the number of inmates thereby justifying the Higg's government building of jails.

As others have said here this is a distraction. It is that and nothing else exactly like the gender policies in schools that impact less than 1% of 1% of the students in schools in NB.

These are bunch of right-wing (extreme?) politicians who want to fight culture wars instead of dealing with issues of concern to the majority of the population. Health care, education, jobs, the state of the province's infrastructure, corporate welfare that seems to know no bounds, etc. 

 
David Amos
Reply to Benny Swim 
Higgy et al know why I was homeless for so many years 
 
 
 
 
MR Cain  
This is just another distraction from the poor performance of the Higgs government.
 
 
Samual Johnston 
Reply to MR Cain 
Or is it a government trying to come up with a plan to help those that need it? Things are not usually black and white when it comes to so called human rights. Rights of a minor vs parents. Rights of a drug addict vs the rights of the public. Rights of a criminal vs the rights of a victim. Seems like some just want the government to not to try and do anything ‘new’. The status quo is not working so give them credit for at least bringing these issue to the foreground.  
 
 
David Amos
Reply to Samual Johnston 
I give them no credit whatsoever 
 
 
Frank Brace 
Reply to Samual Johnston  
There is no right to do the wrong thing ,as Higgs has a habit of 
 
 
Samual Johnston 
Reply to Frank Brace  
you call it the wrong thing when you do not even know the details of what 'it' is. 
 
 
David Amos
Reply to Samual Johnston 
I do 
 
 
 
Robert Tangence 
From the meta study: Werb D, et al. "The effectiveness of compulsory drug treatment: A systematic review.", Int J Drug Policy (2016).

"There is limited scientific literature evaluating compulsory drug treatment. Evidence does not, on the whole, suggest improved outcomes related to compulsory treatment approaches, with some studies suggesting potential harms. Given the potential for human rights abuses within compulsory treatment settings, non-compulsory treatment modalities should be prioritized by policymakers seeking to reduce drug-related harms." 

 
Samual Johnston   
Reply to Robert Tangence   
So what is the answer then? Is the method studied in the paper the same as the governments proposal? Doubt it as it is not even formed yet. Would you shut down the discussion on this topic based on this one paper? 


David Amos
Reply to Samual Johnston  
That paper is called a Charter 
 
 
Robert Tangence   
Reply to Samual Johnston 
It's a meta study. The findings represent the available research science has published to date on the subject. 
 
 
David Amos
Reply to Robert Tangence 
"available research science" 
 
 
Robert Tangence   
Reply to David Amos 
Should a meta study be based instead on make-believe science? I think not. 
 
 
David Amos
Reply to Robert Tangence 
Trust that there is a lot you don't know 
 
 
 
 
Gail Steeves  
Forcing someone to do something against their will just wont work. People with addictions get incarcerated and are clean for months and what is the first thing they do when they get freedom? They get their "fix". Someone has to WANT to get treatment. It's the same as quitting smoking, if the smoker has no desire, they will not quit. More focus should be put on getting treatment for those that do want it. I've heard stories of people asking to go into detox treatments and they are told there is a 6 month to 1 year wait. What is going to happen with those wait times when there are people in treatment taking up spots who are not ready to get clean?
 
 
David Amos
Reply to Gail Steeves 
Well put 
 
 
Samual Johnston   
Reply to Gail Steeves  
Many of them get treatment while in jail and don’t re offend
 
 
Gail Steeves
Reply to Samual Johnston   
I agree the ones that are ready and WANT the help do benefit from programs - but if someone isn't ready (for whatever reason) forcing them will not work (that is my only point). 
 
 
Samual Johnston   
Reply to Gail Steeves
No one is saying they are forcing those who are 100% against treatment to do anything. This is an attempt to look at the problem and propose solutions for as many as possible. Seriously .. people are so quick to dump on something even before they have the details on it. What would you propose? Status quo?  
 
 
Gail Steeves
Reply to Gail Steeves  
Last week, Public Safety Minister Kris Austin said the legislation will include a process allowing medical professionals, family members and others to weigh in on whether someone with severe addiction needs to be forced into treatment. 
 
 
 
 
Jack Bell 
Is it more important for them to be alive or free to destroy themselves? 
 
 
David Amos
Reply to Jack Bell  
Thats a loaded question in country that offers MAID 
 
 
 
 
Gilles Vienneau   
Higgs has lost it completely. Forced treatment reminds of bad experiments with handicapped Canadians in the ‘50s. 
 
 
David Amos
Reply to Gilles Vienneau  
Higgy's nonsense constantly amazes me 
 
 
 
 
Les Cooper   
About time people will be held accountable. 
 
 
David Amos
Reply to Les Cooper  
IMHO Its way past HIgh Time
 
 
 
 
Bobby Richards
Austin and Higgs are more interested in locking them up rather than treatment.
 
 
David Amos
Reply to Bobby Richards
Follow the money  
 
 
Bobby Richards
Reply to David Amos
Right to Grand Lake and Minto  
 
 
David Amos
Reply to Bobby Richards
and into the new jail  
 
 
 
 
JOhn D Bond 
Thankfully his days are numbered. The temerity being illustrated speaks volumes on his perspective of democracy.  
 
 
David Amos
Reply to JOhn D Bond  
Dream on 
 
 
 
 
Monty Shplar   
I wish he would run for PM ! Finally someone with their head on straight.

This country has become a socialist toilet to flush money down.

 
David Amos
Reply to Monty Shplar 
Surely you jest  
 
 
Clive Gibbons  
Reply to Monty Shplar 
So let's fix this by turning it into a religious dictatorship. Right... 




Jim Lake 
The only type of premier that would invoke the notwithstanding clause over fear legislation would be challenged under the Charter is one that obviously doesn’t believe in individual rights and freedoms that are enshrined in the Charter. Those of us that do believe in individual rights must do all we can to ensure those that believe in and respect the Constitution and the Charter are the ones elected to govern. 
 
 
David Amos
Reply to Jim Lake   
I agree 
 
 
Les Cooper
Reply to Jim Lake 
Or the laws are out dated.
 
 
 
 
Graham McCormack   
The notwithstanding clause , the tool of a weak premier. 
 
 
Samual Johnston 
Reply to Graham McCormack 
The notwithstanding clause, The tool to deal with an imperfect document.  
 
 
David Amos
Reply to Graham McCormack 
Yup
 
 
 
Jimmy Vee  
hmm locking up the homeless what a novel solution, against their will is We the government decide. The homeless are enjoying ultimate freedoms from personal responsibilities to fend for ones self. Some want to get out of their situation but a lot like the free lifestyle. So lets lock them up because they are enjoying their holiday from working for a normal lifestyle.  
 
 
David Amos
Reply to Jimmy Vee  
Who is "We"???  


Samual Johnston
Reply to Jimmy Vee  
Who said anything about locking up? 
 
 
 
Don Smith   
Notwithstanding, is that Higgs speak for my way or the highway or the hospital? 
 

David Amos
Reply to Don Smith  
Yup
 
 

Bill Vasseur  
As bad as what Higgs is proposing to possibly do , detain and force people into treatment, what irks me even more is the fact that we have a Constitution & a Bill of Rights that are virtually worthless due to that stupid Notwithstanding Clause. Some democracy we have.  
 
 
David Amos
Reply to Bill Vasseur 
Democracy and the Rule of Law are myths 
 
 
 
 
SarahRose Werner 
Before Higgs starts forcing people into treatment, maybe he should use some of that surplus to expand the existing treatment options so that they'll be enough for people who actually want treatment. Right now the wait times to get into treatment are horrendous. 
 
 
MR Cain 
Reply to SarahRose Werner 
Higgs said he was not worried about being able to find enough people to provide the services. He seems not to understand that ethics in the occupation of the specialists tasked to do this atrocity may not be that easy to find. 
 
 
Les Cooper
Reply to SarahRose Werner
I here Moncton has a better set up. 
 
   
David Amos
Reply to Les Cooper 
Trust that it isn't 
 
 
 
 
SarahRose Werner 
Right. Higgs just basically admitted that the proposed law violates Charter Rights. 
 
 
Samual Johnston
Reply to SarahRose Werner
The charter of rights is not a perfect document thus the need for the not withstanding clause. 
 
 
David Amos
Reply to Samual Johnston
Does anyone recall that the referendum on the Charlottetown Accord caused the destruction of the federal PC Party?  
 
 
Clive Gibbons
Reply to Samual Johnston 
Not to be used to trample on peoples' rights. 
 
 
Samual Johnston
Reply to Clive Gibbons 
No one said it will be used that way. Wait to see what the program and legislation will entail then decide. Give the guy some credit for looking for a way to help these people. If a person is drunk in public and a danger to themselves they are often incarcerated would you say their rights are being trampled upon? Don’t you have to weigh the rights of the public vs the rights of the drug addicts? 
 
 
Sylvester Pheelyne
Reply to Samual Johnston 
Seriously, if this guy committed murder you have an 'explanation' for why he 'needed' to do that. 
 
 
 
 
Koffi Babone 
So can we do the same for vaccinations? LOLOLOL...
 
 
Jimmy Vee
Reply to Koffi Babone   
nope but u do u whatever

 
David Amos
Reply to Koffi Babone 
We did 
 
 
Koffi Babone 
Reply to David Amos 
LOL, no we did not. Vaccinations were never forced onto anyone. Life was made very difficult for those who were not vaccinated, but they were not forced onto you. You always had a choice.

 
David Amos
Reply to Koffi Babone
Have you talked to any veterans?
 
 
David Amos
Reply to David Amos
Canadian Bank Terminates Veteran and Her Son's Account Over Request to Display Canadian Flag Alongside Pride Flag (Exclusive Interview)

Amy Mek April 1, 2024 

 


Samual Johnston
Funny to see the negative comments on a program and legislation that has not even been released yet. Love him or hate him he is trying to come up with something to help these people. There will be lots of discussions on the issue in the months to come and in the end the government may just give up as it seems like an impossible task to achieve. I cannot see it working but good on him for trying I guess.
 
 
Koffi Babone 
Reply to Samual Johnston  
Higgs' proposal is meant to sweep the problem under the carpet to give the impression he is doing something..

This complex issue affects one individual, the addict.

Why did Higgs not propose the same for vaccinations? Not only would this benefit the vaccinated person, but potentially also everyone that person could have infected... 

 
SarahRose Werner
Reply to Samual Johnston 
What you're saying might be true if no one knew anything about addiction treatment and we were all starting from point zero, trying different things out. However, that's not the case. People who actually work with those who have addictions issues are saying that forced treatment not only won't do any long term good, it will in fact do harm. Why? Because people who didn't want to be treated in the first place have high relapse rates. Once they relapse, they're even warier of seeking services and help than they were in the first place, because they're more determined to avoid another round of forced treatment.

Higgs may be "trying," but he's going to end up causing more harm.

 
Samual Johnston
Reply to SarahRose Werner
Again you are assuming you know what the program and legislation will be. Pretty sure he is not looking to reinvent the wheel here. Looking around the globe are there governments who have programs that attempt to help those who most have written off? While I can’t see it working I can see the value in someone trying. 


David Amos
Reply to Samual Johnston  
Yea Right  
 
 
Les Cooper 
Reply to Samual Johnston
Maybe some of the homeless will get a job.  
 
 
Stephanie Perry 
Reply to Samual Johnston
Experts have already studied what will help people, and incarceration is not on the list. Housing, supports, and access to resources are a much better approach. There are people who want treatment who don't have access, why not give them the help they want instead?
 


 
Greg Caddell 
There really is no separation of church and state in New Brunswick yet. Try getting an abortion in this place. Province of no choices. 
 
 
MR Cain
Reply to Greg Caddell 
You need one? 
 
 
David Amos
Reply to Greg Caddell 
So says a strawman 
 
 
David Amos
Reply to Greg Caddell 
Wow
 
 
Vince Kane
While eating at a restaurant recently, I watched a homeless addict pick food out of the trash can and then use the trash can as a dining table while he ate. That's not freedom, that's not living. Sometimes adults need tough love too.
 
 
Reply to Vince Kane 
Vince Kane
Reply to  MR Cain 
You don't know I didn't.

His quality of life would have been better in jail.

 
Reply to Vince Kane 
Vince Kane
Reply to  MR Cain
I bet his family members would agree with me.  
 
 
Reply to Vince Kane
I bet they wouldn't; they would want him home with the family. 
 
 
Sheila Falconer 
I disagree. Being locked up is awful.  
 
 
Sheila Falconer 
 
Marcel Belanger 
The unbelievable actions of the francophobe duo is beyond the pale. Time to kick them out, they've done enough damage to the province.

Higgs believes if he pays down the debt it gives him the right to do anything he wants.

 
David Amos

Reply to Marcel Belanger   
Your heroes locked me up illegally in 2008 
 
 
David Amos
Reply to Marcel Belanger 
Oh my my 
 
 
 
Inger Nielsen   
Higgs and Austin seem to think N.Bers are going to be ok with being forced or being dictated to on their personal health issues. this is not going to go over well at the polls for sure 
 
 
David Amos
Reply to Inger Nielsen 
Some folks have noticed However I believe Higgy can still win a minority mandate 
 
 
 
 
Inger Nielsen   
no one liked being or feeling like they where forced into getting the covid vax what makes you think people are going to be ok with any sort of forced treatment "Last week, Public Safety Minister Kris Austin said the legislation will include a process allowing medical professionals, family members and others to weigh in on whether someone with severe addiction needs to be forced into treatment". 
 
 
David Amos
Reply to Inger Nielsen 
Go figure
 
 
 
 
Doug kirby   
What's next for NB???
 
 
David Amos
Reply to Doug kirby  
Another election
 
 
 
 
Doug kirby  
Omg this man is getting rediculious people 
 
 
David Amos
Reply to Doug kirby  
I concur 
 
 
 
Art McCarthy 
No sense being a amateur authoritarian I suppose.  


David Amos
Reply to Art McCarthy  
Come big or stay home eh?
 
 
 
danny rugg   
Those who want Pierre so bad , you should look up dictator in the dictionary. Potheads might just end up in jail. Don't laugh. The Cons always wanted more jail for marijuana possession. 
 
 
David Amos
Reply to danny rugg 
I am laughing 
 
 

Ralph Wighham
"Kris Austin said the legislation will include a process allowing medical professionals, family members and others to weigh in"

Who wants to bet that "others" in this context means elected officials, police, and officials at Kris Austin's church?

 
Bobby Richards 
Reply to Ralph Wighham 
And Faytene 
 
 
David Amos

Reply to Bobby Richards 
What does the Attorney General have to say about this nonsense? 
 
 
David Amos
Reply to Bobby Richards
Oh my
 
 
 
 
Bobby Richards
Higgs doesn't even fund the number of beds required for voluntary treatment. And now he has money for forced treatment? 
 
 
David Amos
Reply to Bobby Richards
Higgy is just talking big to shake up his caucus in order to see who still supports him before the writ is dropped
 
 
Bobby Richards 
Reply to David Amos
And the ones that are left are easy to shake up. The strong ones are gone. Except for AAM. 
 
 
Clive Gibbons 
Reply to Bobby Richards 
He can't get rid of her, cause if Flemming leaves, he'll have to get a Liberal to be the AG.
 
 
David Amos

Reply to Bobby Richards 
Too bad so sad that my last reply to you went "Poof" 
 
 
Bobby Richards 
Reply to Clive Gibbons  
Maybe Rob McKee. Flemming isn't going anywhere though. He's made it a very easy job for himself. Just show up, stay awake most of the time and let the civil servants in the justice dept handle it. 
 
 
David Amos

Reply to Bobby Richards 
I am not permitted to reply to you
 
 
David Amos 
Reply to Bobby Richards 
Are you certain?
 
 
Bobby Richards 
Reply to David Amos 
He said he is too young to retire and too old to learn something new. But who knows? We can always hope.
 
 
Bobby Richards
Reply to Bobby Richards
I don't think he has practiced law in 30 plus years. 
 
 
David Amos 
Reply to Bobby Richards 
I am not certain that he ever practiced law
 
 
David Amos

Reply to David Amos
Brad Green never did and now he is a judge Perhaps Teddy will be one as well
 
 
David Amos 
Reply to Bobby Richards 
"Maybe Rob McKee"

His daddy was a priest then a lawyer then a MLA and then a Judge

 
 

G. Timothy Walton  
Force addicts into treatment against their will, then watch them overdose as soon as they get out and go back to their old dosage.

But I'm sure this never occurred to our Public Safety minister.

 
Bobby Richards
Reply to G. Timothy Walton  
Did you hear Austin in his interview this morning? He almost lost it when being asked a few simple questions. At one point he raised his voice and and said "Anyone with half a ..............(pause) " Then he realized he was flying off the handle. People like Austin and Higgs are used to using force and punishment to get their way.  
 
 
MR Cain 
Reply to G. Timothy Walton  
Where do they go when they let them out? If this is Higgs solution to homelessness, then he must be planning on incarcerating everyone on the street.
 
 
G. Timothy Walton 
Reply to Bobby Richards
Austin's not a voice I'd connect to reason, so it's easier to ignore him most of the time. Maybe I'll give it a listen on the website later so I can laugh at him. 
 
 
Bobby Richards
Reply to MR Cain 
This is what happens when a dictator rules.  
 
 
Bobby Richards
Reply to G. Timothy Walton


MR Cain 
Reply to Bobby Richards
More like if you take away the 'tator'.
 
 
Bobby Richards
Reply to MR Cain 
That too  
 
 
G. Timothy Walton 
Reply to Bobby Richards
Thanks
 
 
David Amos
Reply to Bobby Richards
Too Too Funny 
 
 
David Amos
Reply to David Amos
We hear from Public Safety Minister Kris Austin and associate professor in Social Sciences at UNB, Julia Woodhall Melnick.

Aired: April 2, 2024

 
 
 
William Morton 
1. Forcing people into treatment does not work.

2. It is unethical for any medical personnel to administer medical treatment against the will of the individual except in extreme cases.

3. There are no resources available for any task of this kind.

4. Yet again another populist propaganda move by Higgs , propose something that seems to make sense but is actually ethically wrong, morally evil, and financially unobtainable.

Boot Higgs out.

 
David Amos
Reply to William Morton 
I concur 
 
 
 
Lauchlin Murray
"Have they no refuge or resource?" cried Scrooge. "Are there no Prisons?" said the Spirit, turning on him for the last time with his own words. "Are there no workhouses?"

The key word in Charter Section 9, "the right not to be arbitrarily detained or imprisoned," is 'arbitrarily'. I don't know how Black's Law Dictionary defines 'arbitrary,' but my best guess is that's just another one of those weasel words that gets caught up all too often in legislation, that fortunately or unfortunately, some grizzled old judge is left to decide on for us all.

 
David Amos
Reply to Lauchlin Murray
Sad but true 
 
 
 
 
Sylvester Pheelyne 
What a waste of taxpayers money. Those that are forced into this will not be 'cured'. Perhaps Higgs should speak to a medical professional in the field of addictions...what am I saying, he's ignored all the other professionals for years.

This election cannot come soon enough for the NB taxpayer.

 
Michel Pelletier
Reply to Sylvester Pheelyne 
then if Doctors say otherwise he will use the clause notwithstanding them also
 
 
David Amos
Reply to Michel Pelletier
Higgy likes being the boss
 
 
 
 

Maritime Connection with Preston Mulligan

 
 
 
 
https://www.dal.ca/faculty/law/faculty-staff/our-faculty/wayne-mackay.html

A. Wayne MacKay, CM, KC

Professor Emeritus of Law

law_faculty_wayne_mackay

Email: wayne.mackay@dal.ca
Mailing Address: 
Weldon Law Building, 6061 University Avenue
PO Box 15000 Halifax, Nova Scotia B3H 4R2
 
Research Topics:
  • Canadian Charter of Rights and Freedoms
  • Constitutional law-comparative
  • Cyberbullying
  • Education law
  • Human rights
  • Humanitarian law
  • Public policy analysis
  • Public law
  • Public interest
  • Judiciary

Education

  • BA (Mt Allison)
  • BEd (Mt Allison)
  • MA (Florida)
  • LLB (Dalhousie)

Bar admissions

Nova Scotia, 1980

Teaching

Professor MacKay is a nationally recognized teacher and scholar, and accomplished author in the areas of Constitutional Law, the Charter of Rights, Human Rights, Privacy Law and Education Law. In addition to teaching courses in the previous areas, he has also taught Administrative Law, Criminology and Aboriginal Rights.

Areas of supervision: Constitutional Law, Human Rights and Education Law

Research interests

Professor MacKay's primary areas of research include Constitutional Law, Public Law, the Charter of Rights, Education Law, Criminal Law, Human Rights and Privacy Law. He has conducted major government studies on inclusive education, cyberbullying, and social and economic rights, and he has written extensively in these areas.

 
 
https://www.unb.ca/faculty-staff/directory/arts-sj-socialscience/woodhall-melnik-julia.html

Julia Woodhall-Melnik

Associate Professor

PhD

Social Science

Hazen Hall 210

Saint John

julia.woodhall@unb.ca
1 506 648 5522

Other titles

Canada Research Chair in Resilient Communities

Julia Woodhall-Melnik is an Associate Professor with the Department of Social Science, in the Faculty of Arts at the University of New Brunswick in Saint John. She is also the Canada Research Chair in Resilient Communities. She received her Ph.D. in Sociology and her Certification in University Teaching from the University of Waterloo where her research focused on investigating employment in low-waged service sector work as a social determinant of health. During this time, Julia also led a variety of analyses of publicly funded housing options for low-income households with non-profit organizations and academic think tanks. Julia held a Canadian Institutes of Health Research post-doctoral fellowship at McMaster University.

Julia continues to produce innovative research which explores employment and housing as social determinants of physical and mental health, addiction and wellbeing. Her work, which is currently supported by SSHRC, CIHR, the NBHRF and NBIF, investigates the effectiveness of publicly funded rehousing and housing loss prevention interventions on health and housing outcomes, employment and income. Julia employs both qualitative and quantitative methods in her work and is adept at community based research. Julia is profoundly committed to incorporating the voices of persons with lived-experience of poverty and low-income into her research. Her goal is to produce research that positively impacts the quality of life of low-income and impoverished Canadians.

Julia is the Principle Investigator of the Housing, Mobilization & Engagement Research Laboratory (HOME-RL). HOME-RL engages community members, academics, and students in research and experiential education opportunities that are designed to ultimately promote community resilience and wellbeing. Through this lab, students are provided with the opportunity to engage in world class, methodologically rigorous research while building relationships within the community and developing their skills to become academic leaders themselves.

 
 
 

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