Brandon Shaw was 15 years old when he was apprehended by police and taken to a secure holding facility to detox in Edmonton from opioids against his will.
The involuntary program had the opposite effect, propelling him into a years-long battle with problematic drug use – one that almost cost him his life.
Mr. Shaw, who was in the facility for roughly 10 days, said children in the program were “treated like criminals” and weren’t provided with the proper supports, such as counselling. He remembers being assaulted by staff and placed in what was called a timeout room when he didn’t follow the rules.
“I came out of there just a better drug user, because all we did was just sit around and talk crap to each other, like glorifying our drug use,” said Mr. Shaw, now 30, who has not used street drugs for two years. “What I needed was compassion.”
He is a critic of Alberta’s proposed involuntary care act, which was tabled in the legislature on Tuesday, fulfilling a long-awaited United Conservative Party election promise. The legislation would broaden the circumstances under which adults and youth with severe drug addictions can be forced into treatment if they are deemed a harm to themselves or others.
On average, four Albertans die each day from drug poisonings. The proposed legislation, if passed, will be the first law of its kind in Canada.
Alberta’s Mental Health Act already permits involuntary detainment and treatment in extreme cases. However, people designated under this existing act who are using substances have the right to refuse drug treatment if they have the capacity to understand the risks of drug use.
Premier Danielle Smith argued during a press conference on Tuesday that people “in the clutches of addiction are unable to help themselves,” and that individuals lose the right to choose their own medical interventions when they’re not of sound mind. She used the example of an individual who had overdosed nearly 200 times in a single year.
Since 2006, the province has also allowed parents or legal guardians of young people to petition courts to place them into involuntary treatment for substance use through protective court orders.
This is what Mr. Shaw’s mother, Angie Staines, did in 2010. She said she regretted her decision almost as soon as she made it: “I was ashamed of what I had done. It was traumatizing for him and for me.”
The youth program currently falls under the Protection of Children Abusing Drugs Act and allows for up to 15 days in a “safe house.” Alberta officials said this act will be repealed if what they are calling the Compassionate Intervention Act comes into effect, extending the period of time allowed for youth confinement.
The new law would grant parents, police and health care workers the authority to refer people into involuntary care. Applications would be reviewed by a quasi-judicial commission. If accepted, individuals are subject to up to 72 hours of assessment, followed by a commission hearing.
There would be three possible outcomes: an order of up to three months into involuntary treatment facilities (there are separate sites for youth); up to six months in less intensive facilities; or be discharged completely. Commission decisions could be challenged in court.
Eligibility for involuntary intervention hinges on three criteria: harm to self, based on the severity of one’s addiction, mental and physical capacity and self-harming behaviours; harm to others, based on neglect or incapacity to care for others and “negative impacts to community safety”; and whether harm is likely to happen “within a reasonable time.” The time clause is not considered for youth.
Mr. Shaw said the youth program fuelled his distrust in law enforcement and the broader health system, and “destroyed” his relationship with his mom. What changed his life was having a strong community in his corner, who helped him find housing and treatment options that suited him best.
Other critics have questioned why the Alberta government doesn’t improve the voluntary system instead, which is hindered by lengthy wait times, and argue the proposed legislation could infringe on rights protected by the Charter of Rights and Freedoms.
Proponents, however, say the act is another opportunity to save the lives of people with severe addiction.
Susan Boone, who joined the Premier on Tuesday, shared the story of her daughter, Ashley, who died from an overdose in 2021 at 29 years old. She said her family tried everything to get her to “choose recovery” but that they were powerless in their attempts.
“Maybe if the Compassionate Intervention Act had existed then, Ashley would still be here,” Ms. Boone said. “We still hold on to hope, not for us, but for every other family walking this painful path, hope that this small bit of power, the Compassionate Intervention Act, can save someone else’s loved one.”