PRAIRIE PROVINCES ALL HAVE PROCEDURES TO CONFINE YOUTH

In Manitoba and Saskatchewan, addiction experts and doctors make final
decision on confinement; in Alberta, for now, a judge can decide

The three Prairie provinces are so far the only provinces to give
parents the power to force their teenagers into detox centres for a
limited stay, a measure called involuntary confinement. Each province
took a somewhat different approach in 2006, with Saskatchewan and
Manitoba giving less power to the courts than Alberta.

- - In Alberta, the legal process is driven by parents who bring
evidence to the courts. The judge has the power to order the youth
into confinement for detox for up to 15 days under proposed amendments.

In Manitoba and Saskatchewan, the courts have more limited powers.
Judges can order a youth to be taken for assessment. The final
decision on whether the teen will be confined is made by addiction
experts and doctors.

In Saskatchewan, two doctors must assess the youth and both must agree
that involuntary confinement is necessary. Otherwise, the teen is
released. The teen can be held for up to 15 days.

Similarly in Manitoba, the assessment of the teen's drug problem is
done by two addictions specialists. Those experts then decide whether
to issue a stabilization order to confine the youth for seven days.

In Alberta, expert opinion is currently not involved, though that is
about to change. Proposed revisions would give addiction counsellors
the power to appeal a confinement order. If the staff person at the
safe house, after assessing the teen, did not feel the individual met
the legal test, the staff could send the case back to court for an
appeal.

- - In Saskatchewan, the court order to get a teen into assessment
expires after seven days. In Manitoba, the court order expires after
30 days.

In Alberta, a court order for confinement currently has no expiry date
and parents can hold onto the order and execute it when they see fit.

Under the proposed revisions, Alberta court orders would have a 50-day
limit.

- - In Alberta and Manitoba, only parents can seek a court order for
their child. In Saskatchewan, police officers and youth workers can
order a youth into assessment.

- - In Manitoba, 124 children were sent to detox in the last 10 months
and about one-quarter of them were released within 24 hours after
assessment by addiction experts who decided those teens did not meet
the criteria, said Ian Hughes, chief executive officer of Marymound, a
non-profit agency that delivers Manitoba's detox and treatment services.

To be confined in Manitoba, a teen must show consistent refusal to
enter treatment or a pattern of spotty attendance, he added.

In Alberta, about 500 teens annually got into five safe
houses.

In Saskatchewan, about 150 teens annually are sent to detox in the
province's six-bed centre in Regina. About 20 per cent of teens appeal
the court order. About five per cent of the appeals were granted.

- - In Saskatchewan, a doctor may also issue a 30-day community order, a
less draconian measure for the teen. Instead of a 15-day confinement,
youth can return to their community if they agree to follow a detailed
detox and treatment plan involving drug testing, counselling and day
programs.

The 30-day community order provides doctors and parents with another
option, said Roxanne Roth, Alcohol and Drug Program consultant.

"Sometimes a parent can convince a youth to go to a physician for an
assessment and get then into treatment. It's just another door," she
said.

Kathy Willerth, Saskatchewan director of mental health and addictions,
says the mandatory aspect of the detox legislation, which infringes on
individual rights, will always generate discussion. Generally, experts
agree treatment works better if addicts enter treatment
voluntarily.

"But we are reaching some of the most difficult groups to engage with
this legislation," she said. "Some are well-known, others are new to
alcohol and drug services.

"It's a significant step to take rights away from young people, so
we're cautious."

At the time this law was passed, she added, Saskatchewan also
increased the reach of its voluntary treatment programs to try to
engage at-risk youth earlier.