Western Canada: Alberta looks to involuntary treatment as addictions crisis continues

Good morning. Mark Iype in Edmonton today.

The addictions crisis in Western Canada often feels like a problem with no solution.

As The Globe and Mail editorial board pointed out this week, overdoses have killed more people in B.C. and Alberta since 2016 than COVID-19 has during the pandemic. In 2021, there were 2,306 drug-related deaths in B.C. and 1,852 in Alberta.

While the numbers did improve slightly in 2022 – deaths were down 1.5 per cent in B.C. and 12 per cent in Alberta – the situation remains dire.

But as The Globe’s Alanna Smith reported on Tuesday, the Alberta government is considering introducing legislation under which people with severe drug addictions could be placed into treatment without their consent. While some jurisdictions use existing mental health laws to push people into treatment, this would be the first involuntary treatment law in Canada to target addiction specifically.

Government documents obtained by The Globe through an access-to-information request suggest the potential change in Alberta would give police, as well as the family members or legal guardians of drug users, sweeping rights to refer adults and youth to involuntary treatment if they pose risks to themselves or others.

The documents suggest the government could introduce the bill, known as the “Compassionate Intervention Act,” some time this year. While a spokesperson for the Ministry of Mental Health and Addiction acknowledged that the law is being considered, he said “no decisions have been made by the Government of Alberta.”

With the legislature adjourned as the United Conservative Party and New Democratic Party get set for what is shaping up to be a tight May 29 election, the law wouldn’t be introduced until after Albertans go to the polls. But crime and social disorder – which the government has argued are related to the addictions crisis – have already factored into the campaign.

The UCP has centred its addiction strategy on detoxification, treatment and recovery. At the same time, it has restricted certain harm-reduction measures, such as supervised consumption sites, which were expanded under the NDP.

While the documents obtained by The Globe don’t have complete details, there is an outline of a process under which a person could be taken in for involuntary treatment. The records say drug users could be forced into treatment after committing non-violent criminal or statutory offences “primarily as a result of a substance use disorder,” or when law enforcement, family members or legal guardians believe they are “at risk of serious harm to themselves or others as a result of substance use disorder.”

Leaders in other parts of Canada, including British Columbia, are also debating expanding involuntary treatment for complex mental-health and addiction issues. But none have introduced new laws to do so.

In B.C., critics say forced treatment will further criminalize vulnerable populations, putting them at risk of even more harm.

One report in the Alberta documents highlights the fact that several rights protected in the Charter of Rights and Freedoms are “potentially at odds” with involuntary treatment, including the right to life, liberty and security, and the right not to be arbitrarily detained.

B.C. Premier David Eby has said he believes creating more involuntary treatment programs, in facilities such as the Red Fish Healing Centre, is one way to improve public safety while helping a small group of repeat violent offenders.

This is the weekly Western Canada newsletter written by B.C. Editor Wendy Cox and Alberta Bureau Chief Mark Iype. If you’re reading this on the web, or it was forwarded to you from someone else, you can sign up for it and all Globe newsletters here.