B.C.'s planned expansion of involuntary care 'unacceptable,' says civil liberties group

The Canadian Civil Liberties Association has called on B.C. Premier David Eby to abandon the province's planned expansion of involuntary care for people suffering from a combination of drug addiction, brain injuries and mental health issues.

In a statement Wednesday, the CCLA's Anaïs Bussières McNicoll acknowledged ongoing problems surrounding the "alarming and pressing epidemic" of drug addiction in the province, but called plans announced by Eby over the weekend to mandate treatment for certain individuals with concurrent health issues "unacceptable."

"Forced treatment directly impacts the rights to liberty and security. Courts have recognized that the right to refuse unwanted medical treatment is fundamental to a person’s dignity and autonomy," said Bussières McNicoll, director of the association's Fundamental Freedoms Program.

"Going against these basic human rights by forcing individuals to be admitted into treatment facilities is arbitrary detention."

Asked about the criticism at an unrelated news conference Wednesday, Eby called the CCLA's characterization a "fundamentally misleading construction" of the plans, which he said were crafted with the intention of balancing the rights of the broader public with those of individuals who could pose a danger to themselves and others.

"There's some people who should be in jail, who belong in jail to ensure community safety," Eby said. "There's some people who need to be in intensive, secure mental health treatment."

The premier said arguments from the extremes of either side of the political spectrum – which he summed up as "We can just lock everybody up" and "Don't lock anybody up" – are "simplistic" approaches to a complex issue. 

Bussières McNicoll also raised concerns that involuntary care is "likely to disproportionately target groups that are already marginalized," including Indigenous residents, Black residents, members of the 2SLGBTQ community, people with disabilities, and those living in poverty.

Others critics have argued the government should ensure voluntary addictions treatment is available to everyone who seeks it before increasing reliance on mandated care.

The B.C. NDP's plans were announced weeks before the provincial election, and days after the B.C. Conservatives outlined a broader approach to involuntary treatment for people suffering from "severe addictions," including children. 

Eby said his government would open secure facilities across the province for treatment of select individuals with serious simultaneous health issues, including brain injuries that resulted from repeated overdoses.

The B.C. Greens have not followed suit with a similar plan, with leader Sonia Furstenau arguing there's little evidence involuntary care works, and that the province should be more focused on addressing the root causes of addiction. 

With files from CTV News Vancouver's Ben Miljure