YOUTH DETOX LAW TRASHED

The province's children's advocate issued a scathing report Tuesday
on a new law that allows drug-addicted children to be involuntarily
locked up for detoxification, saying "parental rights and children's
rights are being violated."

Marvin Bernstein, who as children's advocate serves as an independent
officer of the legislative assembly, said his concerns have been
ignored throughout the process that led to the Youth Drug
Detoxification and Stabilization Act, which comes into effect on April 1.

Presented by the government as a "last resort," five of six
applications have already been successful under the act since then.

Bernstein said in an interview those numbers simply reinforce the
concerns laid out in his report about the legislation, which allows
parents and others to ask a judge to assess a youth between the ages
of 12 and 17 to determine whether they need involuntary care to
stabilize their health.

"This is not enlightened and principled legislation and it's going to
create unintended negative consequences for young people and their
families," he said from Saskatoon.

He said the legislation could be misused because it does not speak to
treatment nor are there safeguards to ensure it is used as a last resort.

Bernstein's also concerned that the act allows not only parents, but
also persons who have a close personal relationship with the youth to
initiate the intervention.

"It could be individuals who are meddling. It could be individuals
trying to retaliate," he said.

"There is potential for mischief. It could be a coach, it could be a
teacher, it could be a jilted boyfriend or girlfriend of the young person."

Bernstein is the second independent officer of the legislature to
raise concerns about the act in the last month.

In a March report to the legislature, Information and Privacy
Commissioner Gary Dickson said there were numerous issues about
violation of privacy rights in the act.

NDP Healthy Living Services Minister Graham Addley said concerns
raised about the act would be considered later in the year in a
review but did not guarantee that changes would be made to the legislation.

"This is groundbreaking legislation so we want to make sure that we
are balancing the children's rights but are also making sure these
kids get the help they need," he said.

"It's too soon to start making those tinkering changes right now."

Addley defended the number of cases where the act has been used since
it came into effect, saying it reflected a "pent-up demand."

He said it was important that not just parents, but those who cared
about the youth can be part of the process.

He downplayed concerns about potential mischief by third parties,
saying a judge is the arbiter on the applications and the youth must
also be assessed by two physicians.

But Bernstein said that while a judge is considering the application
there is no one there to respond to the allegations on behalf of the youth.

"The young person doesn't find out until after the fact if there is a
warrant to apprehend issued by a judge," he said.

Bernstein said youth are treated under the act in a way that would
not be acceptable for adults.

And he's also concerned that the youth will be confined to a special
section of the Paul Dojack Centre, a youth correctional facility in Regina.

He said there are major issues around the transporting and processing
of young persons from different parts of the province, particularly
northern communities, to the Dojack centre.

Under the act, a judge may issue a community order to spend 30 days
living at home under certain restrictions or the youth may be given a
five-day involuntary stay in a secure facility for detoxification,
which could be renewed two times for a total stay of 15 days.

The NDP government introduced the act last year under heavy pressure
from the Saskatchewan Party, which called for legislation modeled on
that of Alberta and brought families of drug-addicted youth to the
legislature as advocates for government action.

Opposition MLA Ted Merriman said the party still supports the law.

"One of the reasons we brought it forward in the early days was that
(youth) are the most vulnerable in our society and when you're
dealing with a child who may be on the streets, that's addicted to
meth or other drugs, I'm not sure that they're capable of making that
decision," he said.

Bernstein said the legislation appears to have been rushed through.

"I don't think there's been enough soul-searching, I don't think the
consultation has been broad enough."