The Ombudsperson for First Nations Health has significant concerns about the Province’s Compassionate Intervention Act.
The legislation allows for the involuntary assessment and treatment of a person dealing with substance or addition issues. Dianne Lafond says the government did not thoroughly engagement with Indigenous peoples before passing the act, which directly impedes treaty rights.
“The Nations have that sovereignty to determine what the solutions will be or be at the table to discuss solutions for their people and for their members.”
She adds that the principal of the act might be okay if patients could be guaranteed compassionate, trauma-informed and cultural care, but Lafond says she hasn’t been approached with a proposed treatment method.
“Is it care that’s going to be inclusive of our First Nations lived experiences, trauma informed, culturally save, culturally appropriate? You can say all these words that it’s going to be but show us your plan.”
Lafond says not only did the government skimp on public engagement about the act, but ‘involuntary care’ has never gone well for Indigenous people historically.
“First Nations communities carry trauma from residential schools and over incarceration, Indian hospitals, the foster care system. Look at the institutions and harm that’s been created and why we’re seeing addictions at phenomenal rates.”
She says it would be nice to be included in these conversations instead of being a victim to the ‘top-down approach’.
Her office calls on the government to implement some safeguards before progressing any further.
However, the Ministry of Health contradicts that, “Targeted discussions were held with Indigenous leaders from across the province focusing on the needs of their communities.”
A written response from the Ministry says, “Extensive engagement was conducted with nearly 400 stakeholders across multiple sectors — including physicians, Indigenous leaders, recovery treatment providers, health and human service professionals, Chiefs of Police, the Bar Association, the Trial Lawyers Association, and members of the judiciary were invited to participate in one of 15 information sessions.” It adds that the project team will continue engagement through targeted consultations as implementation of the legislation progresses.
“For example, Indigenous representation on the board overseeing Compassionate Intervention is mandated under the current legislation…The Compassionate Intervention Act also mandates access to a lawyer for anyone ordered into treatment involuntarily.”
The Ministry assures that, in addition to the safeguards currently within the Act itself, additional protections will be built into future policy, regulations and training.
The Province also states that Minister Carr welcomes a meeting with the First Nations Health Ombudspersons to discuss The Compassionate Intervention Act should they wish.
