Alberta Premier Danielle Smith says new involuntary drug treatment legislation will only apply to the 'most serious cases' of addiction where all other options have failed.Adrian Wyld/The Canadian Press
The Alberta government has introduced its involuntary drug treatment act, the first bill of its kind in Canada that would grant parents, police and health care workers the power to refer people with severe addictions into care against their will.
Addictions Minister Dan Williams tabled what the United Conservative government is calling the Compassionate Intervention Act in the provincial legislature on Tuesday. If passed, adults and youth could be mandated into treatment if they are deemed a risk to themselves or others.
Premier Danielle Smith, who joined Mr. Williams and dozens of supporters at a news conference in Edmonton earlier that day, said the legislation would only apply to the “most serious cases” of addiction where all other options have failed. She used the example of an individual who had overdosed nearly 200 times in a single year.
“It’s important to remember that the people in the clutches of addiction are unable to help themselves,” said Ms. Smith. “With compassionate intervention, we have an opportunity to bring people who are suffering out of that state and give them back control of their lives.”
The legislation was originally promised in 2023 after The Globe and Mail revealed Alberta’s plan to extend the circumstances for involuntary care. Some provinces, including Alberta, already use mental-health law to force people into treatment without court orders in severe situations. But this law would be the first of its kind to target addiction specifically and affect a broader population.
Critics of the province’s plan have argued that it would threaten Charter-protected rights and could intensify the risk of harm, even increasing the likelihood of relapse and overdose. Ms. Smith, on Tuesday, said she is confident that the proposed law would not infringe on Albertans’ fundamental freedoms.
Individuals who are admitted to the involuntary care system would have the right to legal counsel and could speak to a patient advocate. Individuals, or their guardians, would also be able to request a review of their care plan at any time.
Indigenous communities would be able to integrate their own practices into the intervention process.
The Premier, when asked about what evidence suggests Alberta’s approach would be successful, said “You won’t know if something works until you try it.” Ms. Smith added that the government would analyze the effectiveness of its involuntary treatment program and “try something new” if needed.
Elaine Hyshka, associate professor at the school of public health at the University of Alberta, said evidence shows that voluntary treatment is more effective than involuntary treatment. And while it may work for some people, it is not effective enough to justify a significant investment of resources.
Prof. Hyshka said some studies outside of Canada have shown that people have an increased risk of death after being discharged from involuntary facilities. There is also a greater risk of exploitation and trauma any time someone is being held against their will, she added.
“In some instances, forcing someone into treatment may be actually more risky than not intervening at all,” said Prof. Hyshka. She also stressed that the new legislation could discourage people using substances from reaching out to loved ones, or seeking voluntary care, if there is a risk of being forced into treatment.
Should the legislation pass, applications would be reviewed by a quasi-judicial commission comprised of physicians, lawyers and members of the public appointed by Alberta’s Lieutenant-Governor. If accepted, police would be given the power to apprehend the individual who would then be subject to a commission hearing.
Individuals could be ordered into up to three months in one of Alberta’s two involuntary treatment centres, up to six months in less intensive facilities or be discharged completely. Commission decisions could be challenged in court.
Patients, under this act, could not refuse to take medications that are authorized by the commission to treat substance-use disorder.
The government, in February, announced that “compassionate intervention centres” are going to be built in Calgary and Edmonton, each with 150-bed capacity. Construction is expected to be completed by 2029. Until then, Alberta said it is exploring temporary spaces within existing facilities.
Ms. Smith has long been vocal about protecting personal freedoms; her government amended the provincial Bill of Rights to reinforce rights for people to decide whether to receive a vaccination or other medical procedures. The Premier on Tuesday said a line is drawn when people can’t make decisions for themselves.
“If you’re of sound mind … you have the right to choose your medical intervention. If you’re causing harm to yourself or others, then we’re going to try this different pathway,” she said.
Hunter Baril, press secretary to Mr. Williams, said Albertans could be subject to the involuntary treatment program as early as next year if the legislation passes.