Ontario Mulling Involuntary Addictions Treatment for People in Jail, on Parole

Ontario Health Minister Sylvia Jones listens to questions from reporters following a press conference in Etobicoke, Ont., on Jan. 11, 2023. THE CANADIAN PRESS/ Tijana Martin

Ontario is exploring the use of involuntary addictions treatment for individuals in the correctional system as part of its bail reform initiative to crack down on crime.

The move coincides with the May 1 presentation of a justice bill in the legislature that the government is branding as tough on crime.

Health Minister Sylvia Jones says the government is proposing mandatory treatment for those in jail, on probation, and on parole who are struggling with addictions.

The province will investigate the methods for implementation, assess the associated costs, determine the assistance required from the federal government to execute these measures, and take into account the experiences of other jurisdictions, Jones said at a May 1 press conference.

“There’s no doubt that there has been an increase in the use of illegal and, frankly, deadly drugs in our communities and, yes, in our corrections facilities,” Jones said. “And we need to do the work to make sure that any programs that we bring forward are actually going to help.”

She noted that many of the measures in the legislation are focused on individuals who have mental health and addiction issues.

“The justice bill that is being introduced today is very much focused on individuals who have mental health and addictions and often the only reason they are impacted by our justice system is because of those addictions,” she added.

The ministry intends to present a plan to cabinet by the fall with a plan and options.

The mandatory treatment proposal is included in a series of initiatives the government is planning as part of or in connection to a major justice bill introduced in the legislature on May 1.

The proposed legislation would make it easier to obtain restraining orders against individuals who commit domestic violence. It would also support a thorough review of the bail system, make it easier for law enforcement to confiscate electronic devices used to commit auto theft, and would put in place teams of prosecutors that collaborate with law enforcement to present the most compelling case at bail hearings for serious and violent offences.

Questions on Judicial Change

Attorney General Doug Downey presented the bill during the press conference but it was quickly overshadowed by questions from reporters about mandatory treatment and Premier Doug Ford’s comments the previous day about judges and justices of the peace being too soft on crime.

Ford made the comments at an April 30 press conference during which he said there are too many “bleeding-heart” judges who he said are driven more by personal ideology than the law.

He said he’d like soft-on-crime judges to retire early and suggested Canada might be better off if it adopted the U.S. system of electing judges. His comments seemed to hint that such a provision would appear in the justice bill, but Downey told reporters May 1 that would not be the case.

“It’s not something that we’re pursuing,” Downey said, adding that Ford’s comments were made out of frustration with a system that he said doesn’t keep violent and repeat offenders in jail.

“Everybody knows that judicial independence is a bedrock in a democracy, but the level of frustration the constituents and the people that we serve have boils over into ways that we need to acknowledge and we need to do something about,” he said.

Ford during his April 30 press conference admitted to being “very frustrated” and suggested the best way to hold judges accountable would be through an electoral system.

“Why don’t we post that this judge let Johnny out six times, and he just murdered someone. Who’s accountable? Does the judge call the family up and say, ‘I’m sorry I let this guy out,’” Ford said. “Let’s start electing our judges, holding them accountable. And that’s my rant for the day, because I’ve just had it.”

The statements made by Ford attracted the notice of Ontario’s three chief justices who issued a joint statement on judicial independence, calling it a “cornerstone of our constitutional democracy” that protects the public.

“Our justice system is founded on public confidence that decisions, whether popular or not, are fully heard and fairly made,” the chief justices of the Court of Appeal for Ontario, the Superior Court of Justice, and the Ontario court of justice wrote. “It is crucial that judiciary are both actually independent and appear to be independent so the public can be confident that judicial decisions are made without bias.”

While the justice bill will not propose judicial change, it could strengthen the collection process for forfeited bail and force those on probation who wear ankle monitors to pay for them.

If involuntary addiction treatment is eventually added to the bill it could be modelled after systems in Alberta or British Columbia.

Alberta Premier Danielle Smith’s government recently tabled legislation that would permit parents, family members, health-care professionals, police or peace officers to apply for a treatment order. Drug users deemed a risk to themselves or others could be detained by police and ordered  to undergo treatment in a secure facility for up to three months, with the option of extending to six months in community-based treatment, under the bill.

British Columbia announced the establishment of a 10-unit facility for the involuntary treatment of detainees at the Surrey Pretrial Centre last week, and a second facility is planned.

More than 2,600 people died from opioids in Ontario in 2023, the last full year of data available.

The Canadian Press contributed to this report.