Tyler DesRoches, the new Progressive Conservative MLA for Summerside-Wilmot, isn’t waiting. He introduced the Intoxicated Persons Detention Act to provide a safe alternative to incarceration or an emergency room for people who are publicly found intoxicated. The proposed legislation would allow these individuals to sober up without the burden of fines, a move that has sparked discussion during the recent question period on November 7.
The Intoxicated Persons Detention Act would allow a non-criminal, non-punitive hold of up to four hours. This time frame is intended to allow sufficient time for people to sober up prior to release back into the community. DesRoches shared his experiences with dealing with public intoxication and the ensuing criminal justice outcomes during the webinar. He requested Justice and Public Safety Minister Bloyce Thompson for his views on potential statutory amendments.
Addressing Addiction and Public Safety
As the panel discussion went on, Thompson smiled hearing everyone articulate that getting people sober is important. He urged that the legislation must include a more comprehensive strategy to address the root causes of addiction and its effects.
“I will continue – whether it’s through our therapeutic courts, whether it’s an addiction therapeutic court, whether it’s a mental health therapeutic court — this legislation is a whole package that I would love to see come forward so we can help these people break this system of crime and drunkenness and addiction, because that is the underlying issue.” – Bloyce Thompson
As it stands right now, Prince Edward Island has sufficient legislation to deal with people who are publicly intoxicated due to alcohol. Then things get a little thornier when it comes to drug-related intoxication. The police departments that DesRoches worked with refer to the proposed measure as a police “hold.” This terminology conveys a more humane approach, compared to usual customs of detention, expressing its distinctiveness.
Challenges in Implementation
Implementing the Intoxicated Persons Detention Act requires significant infrastructure overhaul. This includes the reopening of holding cells at the Summerside jail on P.E.I. Royal Canada/CC BY-NC-2.0 Jennifer McCarron, Charlottetown’s interim police chief, said an amendment to the present Liquor Control Act will likely be welcome. This expansion would add drug intoxication to the mix, in addition to alcohol-induced problems.
In a rebuttal, McCarron said that as of last week, DesRoches had not consulted her department about the proposal. She explained that the new protocol includes an outreach attempt to find a sober person who will help sober up people they find intoxicated.
“What we try to do is call and find if there’s a sober person that will take care of them, if they can go home. They may not be welcome. But we do try to do our due diligence to find some place else for them to go before we take them out to the jail.” – Jennifer McCarron
DesRoches said he was disappointed with P.E.I.’s lack of progress. Neighboring provinces like New Brunswick, Newfoundland and, most recently, Manitoba have adopted similar legislation. He raised concern over the lack of progress on creating similar measures to get help for inebriated individuals.
“We are playing catch-up. New Brunswick, Newfoundland and Manitoba enacted IPDA – Intoxicated Persons Detention Act – to hold the person until they sober up. Where are we with getting similar legislation in place to deal with this?” – Tyler DesRoches
