Advocates say use of without prejudice clause for forced drug treatment ‘dangerous’ threat to human rights in Ontario

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Human rights advocates say there is nothing “compassionate” about a proposal by Ontario mayors calling to bring involuntary drug treatment to the province and that the possible use of the clause is nevertheless “dangerous” for fundamental rights and freedoms.

Mayors of Ontario’s biggest cities will meet Monday with a resolution on the agenda that could ask the province to expand the use of involuntary treatment for people with mental health or addiction problems.

Brampton Mayor Patrick Brown supports the proposal and has sent a similar request to the province, saying forced treatment could save lives and help reduce about 18,000 police-assisted overdoses and 328 victims fatalities between January 2022 and June 2024 in Mississauga and Brampton.

But Canadian human rights advocates say the proposal poses a risk to civil liberties because it would “advise the provincial and federal governments.”
invoke the notwithstanding clause” to circumvent the Canadian Charter of Rights and Freedoms.

“Both the limits on basic human rights contemplated in this resolution, and its suggestion of invoking the nevertheless clause to nullify our Charter, are deeply problematic,” the Canadian Civil Liberties Association said in a letter open to the mayors’ caucus of Ontario’s big cities.

Involuntary treatment is already an option in Ontario under the Mental Health Act if someone is a danger to themselves or others, but Brown and other mayors want its use expanded to include people with chronic mental health issues. mental health and addiction.

It prefers the term “compassionate intervention” to involuntary treatment, but the CCLA says “there is nothing compassionate about forcing people to get treatment when they are not ready or willing to do it themselves.”

“Forced treatment directly affects the rights to liberty and security guaranteed by section 7 of the Canadian Charter of Rights and Freedoms,” the CCLA says. “Courts have recognized that the right to refuse unwanted medical treatment is central to a person’s dignity and autonomy.”

Involuntary treatments are also “akin to arbitrary detention and could be contrary to section 9 of our Charter.”

With a wait time of more than 12 months to enter a treatment program and nine months for psychotherapy, Peel Regional Council is pushing for the province to commit more funds to voluntary treatment programs, a move the CCLA says that it is also necessary.

“Instead of considering expanding the use of this highly controversial practice, the effectiveness of which is questionable and unproven, particularly for addiction treatment, governments should address the chronic lack of funding to expand the capacity for voluntary treatment,” says the CCLA.

The CCLA is urging the mayors of Ontario’s major cities to vote against the proposed resolution on Monday.

“The however clause was also never intended to be used, nor should it ever be used, to weaken or impair statutory protections for marginalized and vulnerable communities. Its invocation should not be taken lightly or normalized by anyone, including the mayors.”

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