BILL FORCING DRUG TREATMENT WOULD BE A FIRST IN CANADA

Tool For Alberta Parents To 'Help Their Children'

EDMONTON - Desperate parents whose drug-addicted children are destroying
their families may soon get court orders forcing the children into
mandatory drug treatment for up to a year.

"The prime purpose is to give parents a tool to be in control and help
their children," says Red Deer Tory MLA Mary Anne Jablonski, author of the
Protection of Children Abusing Drugs Act, a private member's bill that
received broad approval in principle Monday in the legislature.

If the bill passes, Alberta will become the first province or territory to
introduce mandatory treatment.

Jablonski said she believes there are a few American states, including
Washington, that allow mandatory treatment in some cases for adults and
children.

"Parents will come to you and tell you about the horrors they've had to
live through because the child they love so much is addicted and there's
nothing they can do about it," she said in a passionate speech shortly
before the bill received second reading.

"The bill doesn't treat such children as menaces, but as victims in need of
help."

She described a case in which parents celebrated when their drug-addicted
son was charged criminally because he was then forced into treatment they
believe saved his life.

Jablonski expressed confidence the bill, which applies only to people under
18 years old, could withstand a Charter of Rights and Freedoms challenge,
an issue the Alberta Department of Justice is studying. She suggested money
will be needed to expand treatment space if the bill becomes law.

Currently treatment can only be compelled if addicts commit crimes or are
designated dangerous to themselves or others, under the Mental Health Act.

Justice Minister Ron Stevens warned MLAs to expect a constitutional
challenge if the bill becomes law. He said there are legal issues that need
addressing.

Government MLA Carol Haley, chairwoman of the standing policy committee on
health and community living, said the bill may need more work.

The legislation would also apply to government agencies, such as the child
welfare branch, if they have guardianship of a child.

A court order could only be sought if the Alberta Alcohol and Drug
Addiction Commission examines the child and concludes there are reasonable
grounds to believe the child is abusing alcohol or drugs.

Dave Rodney, a Calgary Tory MLA who is chairman of AADAC, said the
commission handled 6,500 cases of young people with substance-abuse
problems in 2003-04, 75 per cent more than five years earlier. About 360
required intensive treatment.

Rodney said there's little evidence, however, that compulsory intensive
treatment works.

The Liberals basically support the bill, but the NDP and the Alberta Civil
Liberties Association have legal concerns about forcing children into
treatment. They feel that more treatment centre access is needed.

"There may be a few issues with the bill but I think the intent is
honourable," said Liberal children's services critic Weslyn Mather of
Edmonton-Mill Woods. Mather said the impact of crystal meth has created
special circumstances in which mandatory treatment can be justified.

Stephen Jenuth, president of the Alberta Civil Liberties Association,
expressed sympathy for the parents of drug-addicted children, but said he
opposes mandatory treatment. "This is one of those quick fixes," he said.

"I would have thought it would have been better to open more treatment
centres. The government has deliberately decided not to fund those centres."

Jenuth said concerned parents will generally be able to convince their
children to give drug treatment a try.

Raj Pannu, NDP deputy leader, also argued the government should be more
concerned about expanding treatment options than forcing children to
receive treatment.

Pannu expressed concern marijuana users could be forced into treatment
programs and that the bill could transform AADAC from a helping agency to
an enforcement branch.