No forced addiction treatment bill this spring, minister says

The Higgs government will not push forward this spring with controversial legislation that would have given provincial authorities the power to force a person with severe addiction into treatment.

The bill, known as the Compassionate Intervention Act, was promised in last year's throne speech, and it was expected to be introduced this month.

But Mental Health and Addictions Minister Sherry Wilson said in a video statement posted to social media that won't be happening.

"We are 100-per-cent committed to introducing this legislation, but in our discussions and consultations it was clear more time is required to ensure we get this right," she said.

"As such, it will not be introduced this spring."

Critics raised concerns

That likely means the legislation won't be introduced before the next provincial election, which is scheduled for Oct. 21. The legislature must be dissolved, by law, on Sept. 19 and rarely sits in late summer.

Opposition Liberal Susan Holt said the concept of the bill was flawed and if she becomes premier in the fall, she would not revive the legislation.

"It will be gone for good," she said.

In her statement, Wilson said the government wanted to find ways to get people help "as quickly and compassionately as possible," even if some "might not be aware they needed the services."

But the premise of the bill to force people living on the street with severe addictions into a mandatory treatment program raised several concerns among critics.

Earlier this week, the New Brunswick Psychiatric Association released an open letter warning Premier Blaine Higgs that mandatory treatment can be counterproductive.

"Available peer reviewed research suggests that forced detoxification does not improve patient care or reduce drug consumption," said the letter signed by association president Mylne Poirier and members of the group's executive.

"Evidence also demonstrates an increased risk of overdose following a period of involuntary detoxification, with a greater risk of complications or mortality following discharge."

Ethics questioned by health professionals

Health professionals also questioned the ethics of being part of a process to force people to get care against their will.

There were also concerns about whether there was enough treatment capacity, after Health Minister Bruce Fitch said up to 200 people were already facing waits of three-to-eight months for addiction treatment they were seeking voluntarily.

"This is really impractical," said University of New Brunswick Saint John associate professor Julia Woodhall-Melnik, who researches housing issues and their impact on treatment.

A planned new 50-bed treatment facility would not house people forced into treatment, Wilson confirmed in April.

Legal experts also said the bill could violate constitutional guarantees in the Charter of Rights and Freedoms against arbitrary detention.

Public Safety Minister Kris Austin said in March the legislation would include a review process involving medical professionals and family members, and the throne speech last fall said judges would play a role.

"We're not looking to arbitrarily just drag people into some sort of incarceration," Austin said on March 27.

"It would be more than simply the minister of public safety to determine that, or even a police officer."

But Higgs himself would not rule out using the Constitution's notwithstanding clause to override the Charter 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," he said April 2.

Holt called on Higgs to adopt a different approach on addiction.

"You can put a wrong-headed bill to force people into treatment, but when that treatment doesn't exist and the staff doesn't exist, I don't know how you'd ever deliver on it," she said.

"But it's the wrong thing to do. We need to house people. We need to provide them with supports."

Green MLA Megan Mitton said the legislation was the latest example of Premier Blaine Higgs pushing policies and ideas before they've been thought out.

"He gets obsessed with certain ideas and sometimes he has to back down or push them down the road because they're not prepared," she said.

"This is really not a great way to run government. It's embarrassing and it's harmful.

In her statement Friday, Wilson said the government would "continue to work hard to connect people struggling with serious addiction issues with the programs and resources they need."