Proper provincial legislation could help in drug battle

This weekend I was flipping between football games and accidentally caught an episode of “W5” with a segment entitled “Crimetown.” It was a look at the public safety challenges facing the City of North Battleford, Sask. It was interesting because many of the challenges are similar to what we are experiencing in Lethbridge and many other cities.

The responses are also similar to what we are trying to implement in Alberta — some way ahead, some about the same, and the degree of success varied in comparison to similar efforts in Winnipeg, Saskatoon and other Prairie cities. The comments from various stakeholders interviewed by “W5” were also similar to what we hear in our city: “We can’t arrest our way out of this”; “root causes”; and the standard “lock them all up.” The proponents of the latter, of course, offering no explanation how to navigate the constitutional and legal parameters that limit what the police can do.

Today at approximately 11 a.m. city council will be hearing a presentation related to the co-ordination of efforts to try and tackle the drug crisis which involves several disciplines of which police and enforcement are only one piece. Spoiler alert — I will be reiterating the need for enhanced models of public safety. I will also point out the need for legislation that allows the agencies the LEGAL authority to take action.

I have written about the parameters of the Charter of Rights and Freedoms, the Criminal Code and the decisions of the Supreme Court of Canada that establish the guidelines for what the police can do when it comes to arrest and detention so no need to repeat it again. What I can confidently say is for any of those to change, it will require federal intervention and possibly constitutional reform. It will take years and is beyond the reach of local and provincial governments across the country and definitely beyond the reach of police.

However, I have said that police need the tools, and one such tool is appropriate provincial legislation. When properly written with the right intent, it has been possible for such provincial tools to exist in other circumstances. Alberta, like most provinces, has some strong provincial legislation in several areas. For example, if one learns of a child in an abusive situation and in need of protection, there is very powerful piece of legislation that allows for an investigation, an apprehension of the child and the placement of the child in a safe place.

There is also provincial legislation in place that allows for family, medical professionals and police to intervene in instances of mental health issues. The Alberta Mental Health Act allows for an intervention when a person or the public are in need of protection. Part of the legislation allows for a range of legally sanctioned apprehensions and detentions in the proper medical facilities, with the proper medical professionals, that deal with mental health.

Many people know somebody, or themselves, have had to deal with the circumstances in which a person’s ability to make decisions for themselves has deteriorated with age, illness or as a result of an acute or traumatic injury. In Alberta there are several pieces of legislation in place that protect the individual requiring the intervention but they also ensure there are mechanisms in place to provide for the safety of the person and those around them. The Alberta Personal Directives Act and the Powers of Attorney Act allow for family, medical professionals, lawyers and the courts to work collaboratively to ensure the safety of the individual.

These are just a few Alberta examples of what properly written provincial legislation can do. Manitoba has provincial legislation, the Intoxicated Persons Detention Act, that allows for intoxicated persons to be turned over to and detained in the appropriate facilities staffed by the right professionals. The Alberta Chiefs of Police Association passed a resolution several years ago calling for the same provisions here but the legislation has yet to materialize. If such provincial legislation were to pass it must be able to address being high on drugs like meth and fentanyl and not just intoxication by alcohol.

All of this to say there is the potential for well-written, constitutionally sound, provincial legislation to be drafted and passed. It just needs to happen! When inpower and aspiring politicians are speaking on the drug and crime crisis I hope they share with the public what their plan is. They have the ability to make things happen way quicker than what is required to amend the Criminal Code or Charter of Rights and Freedoms.

Another key piece if such provincial legislation did exist (or is to exist in the future) is the need for the right brick-andmortar facilities to actually exist and be staffed by the appropriate professionals who can legally detain people and tackle the underlying issue which appears to be addiction. One step at a time. The time is upon us now for provincial legislation to be written and passed that will provide more tools to police and stakeholders to address the challenges we are facing.