UCP considers forced drug rehab, experts say it’s a complex situation

Experts say the idea of forcing someone with a drug addiction into rehab is legally and ethically complex.

But it’s an idea Alberta United Conservative Party’s minister of public safety, says is being considered as the addictions crisis continues.

“Someone facing a severe addiction issue. We have to be compassionate, and I would argue it is not compassionate to allow that person to continue to overdose,” said Minister Mike Ellis.

The Globe and Mail reported Tuesday, Alberta is actively exploring creating a framework for what they call a ‘compassionate care act’: involuntary treatment if someone with an addiction is charged with a non-violent crime, or if their family, or police, can prove to an independent panel it’s necessary. Pointing to programs in some U.S. States, or countries like Portugal.

This type of policy would likely end up in court, because of the Charter of Rights and Freedoms.

“The real argument would be, can government justify the infringement on an individual’s rights? And that would be a real uphill battle for them, given that I haven’t seen compelling evidence for this policy. And I think that it would be hard for them to demonstrate that they didn’t have alternative policies,” explained Lorian Hardcastle.

Right now, the mental health act already allows for someone to be committed against their will when dealing with a crisis, including drug addictions, but only under extreme criteria: If they pose an immediate risk to themselves or others.

Otherwise, they have the right to refuse treatment if they have the capacity to understand the risks.

The minister of mental health and addiction’s office maintains no decision has been made, but they “will continue to build out a full continuum of care, including prevention, intervention, treatment and recovery.”

For Hardcastle, “It may drive people to not seek treatment if they fear that seeking help might then subject them to involuntary treatment that they didn’t want.”

And while the NDP government in B.C. has said they are looking into forced treatment.

The Alberta NDP in a statement to CityNews saying, “This will not solve the drug poisoning crisis, to help someone suffering from addictions, you need to meet them where they are” while committing to investing in “evidence-based mental health”.

-With files from Carly Robinson, CityNews