Pubdate: Wed, 22 Jun 2005
Source: StarPhoenix, The (CN SN)
Copyright: 2005 The StarPhoenix
Contact:  http://www.canada.com/saskatoon/starphoenix/
Details: http://www.mapinc.org/media/400
Author: Janet French
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

FORCED TREATMENT HAS PITFALLS: LAWYER

Gov't Considers Law For Meth-Addicted Youths

A Saskatoon lawyer who defends crystal meth addicts says the Saskatchewan 
government must ensure safeguards and resources are in place before it 
passes any legislation forcing young meth addicts into treatment.

"Even talking about forced treatment is putting the cart before the horse," 
lawyer Michelle LeClair-Harding said, because Saskatchewan doesn't have 
enough facilities to treat meth addicts who want help, let alone those who 
don't.

LeClair-Harding spoke Tuesday night at the W.A. Edwards building about the 
legal implications of forcing youths addicted to meth into treatment.

In a Tuesday interview, she said the province's lawmakers must ensure any 
legislation for forced treatment doesn't deprive addicts of their human rights.

"They're going to have to come up with some legislation that is capable of 
justifying infringing on a person's right to liberty," she said. "Even if 
that infringement on those people's rights was found to be justified, you 
would have to have the proper facilities and capacity to deal with issues 
around addiction."

Under the Criminal Code, for example, the accused has a right to apply for 
bail, and the onus is on the prosecution to prove that person poses a 
danger to society and should stay in custody, she noted.

Similarly, a person committed under the Mental Health Act must be a danger 
to himself or society. A doctor and a psychiatrist must sign onto the 
patient's diagnosis, and even then there's an appeal process.

Saskatchewan doesn't have an act that would force minors hooked on the 
highly addictive, life-altering drug into treatment against their will. 
Saskatchewan Party MLA June Draude introduced a private member's bill in 
the legislature on April 27 that could give families of drug-addicted 
children the ability to force them into mandatory rehabilitation.

The bill is based on a similar bill in Alberta that comes into effect July 
1, 2006.

Judy Junor, MLA for Saskatoon Eastview, said she was attending Tuesday 
night's event hoping to hear from families of meth-addicted youths.

The government is considering an amendment to the Child and Family Services 
Act or possibly a new bill that could force children into treatment, she said.

"For sure we're interested in finding something that works," Junor said. 
"We know Alberta's putting in place legislation next year and they're 
waiting to enact it until they can get all their resources in place. We, 
too, want to make sure that we carefully do what we're going to do with 
this, and the issue of involuntary treatment is certainly in the top of 
people's minds."

The public won't see any action until the fall session at the earliest, she 
said.

Strangely, some families are relieved to see their drug-addicted children 
commit a crime because the courts can impose treatment programs as a 
condition of probation, LeClair-Harding said.

Mandatory rehabilitation also has limited success, she said. Research has 
pinned the success rate at about 10 per cent in North America, as compared 
to 50 to 60 per cent of addicts recovering if they enter treatment 
willingly, she said.

"What worries me is . . . they're going to remember that experience as 
being unsuccessful and not being a good experience because it was a forced 
situation," she said.

Linda Duvall, an executive member of Families Against Meth and the mother 
of a 21-year-old meth addict, said the group organized Tuesday's event to 
find out how feasible mandatory treatment is and spark public discussion 
about the idea.

"I think we're very interested in this idea of this forced nabbing of your 
kids, but what form does it take?" Duvall said. "I think it's more 
complicated than just the way it's presented."

The province's priority for meth-addicted kids should be in creating more 
safe places for them to get treatment, regardless of whether they're going 
against their will or voluntarily, she said.

"I think what we've all gone through is the problem of trying to get help . 
. . and the lack of access to treatment," she said. "There's a really big 
question of what do you do when somebody's quite paranoid, how do you 
handle that?"
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