Winnipeg mayor examining legal challenge to drug detention bill

Manitoba’s former chief psychiatrist is challenging the law on extended detentions for intoxicated people, saying it could lead to wrongful detentions.

Winnipeg Mayor Scott Gillingham and his inner circle will be looking closely at a legal challenge to a Manitoba law aimed at detaining intoxicated people at “protective care centres” for up to 72 hours.

On Tuesday, Gillingham said members of the executive policy committee will discuss in camera the legal challenge to Bill 48, the Protective Detention and Care of Intoxicated Persons Act passed last year.

The bill would increase the maximum time period of detention from the 24 hours to 72 hours. Those being detained will be assessed by health officials to determine proper treatment.

The changes were made to address the prevalence of methamphetamine and other long-lasting drugs in Manitoba, the provincial government said.

Gillingham voiced his support for the bill last year and said Tuesday it was a “reasonable” response to the current reality.

“Without some legal means to interrupt this destructive cycle, the victims of addiction will always be drawn back to the street in search of their next overdose, indefinitely,” he said in a statement.

The bill has been criticized by community groups, claiming it criminalizes addiction and is the subject of a legal challenge from Dr. James Simm, Manitoba’s former chief psychiatrist.

Simm argues in his legal filing the bill is in violation of multiple parts of the Canadian Charter of Rights and Freedoms, including protections against cruel and unusual treatment and arbitrary detention.

In Gillingham’s statement, he said members of the Winnipeg Fire Paramedic Service have had to respond to multiple overdose calls from the same addict multiple times a shift and that volunteer shelter workers are experiencing similar situations.

Gillingham said the discussion with the committee will include the city’s legal services branch to determine next steps.

He said the city is also working to develop a new emergency response unit to respond to addiction and mental health crises in Winnipeg.

The mayor says the aim is to support the province’s law, Bill 48, and oppose the legal challenge.

Gillingham says one of the options could see the city seek intervenor status in court.

-With files from CTV’s Milan Lukes and The Canadian Press