The NDP government is undertaking a broad review of the Mental Health Act to consider whether there are ways to downplay the role of police and increase options other than police when responding to mental health crises. Masu. free press I learned.
Housing, Addictions and Homelessness Minister Bernadette Smith, who is responsible for mental health services, said in an interview that she had instructed her ministry to launch a “full review” of the law. This includes consultation with community mental health advocates, police and Manitobans with experience with mental health issues.
Only “peace officers” are authorized to enforce orders issued under the law. Community advocates are lobbying for private resources to handle a wider range of mental health consultations, including some orders issued under the Mental Health Act.
Nick Adam / Free Press File Housing, Addictions and Homelessness Minister Bernadette Smith said in an interview that she had instructed her department to launch a “complete review” of the Mental Health Act.
Given the lack of police resources and the increasing number of police shootings involving people suffering from mental health crises, the time is right to overhaul the law, Smith said. The state basically said it wants to reduce the burden on police and increase the involvement of private resources.
“We will be meeting with experienced people, community members, police and other experts,” Smith said. “This (review) is long overdue. We will modernize this legislation and have a version that meets the needs of Manitobans.”
Winnipeg Police Service mental health officer Helen Peters said she welcomes a review of the law to allow for a wider range of responses. Given that the police currently have a legal duty to be the sole response to “every person in all circumstances,” the burden placed on the police as the sole agency to respond to mental health calls is “difficult.” “It has become a heavy burden,” she said.
Mr Peters, who oversees the police’s involvement in alternative responses to the public in crisis planning, said the police were “the only body empowered” to enforce the orders set out in the law. The program, which combines mental health workers and plainclothes officers, is limited in the types of calls it can respond to, she said.
Given the growing public support for alternatives to the police, and the variety of community organizations seeking to provide support to the mentally ill, it makes sense to modernize the law to allow for a wider range of responses. Peters said it makes sense.
Peters said police are always prepared to respond to volatile situations where individuals pose a threat to themselves or others. However, there are many other scenarios where a non-police response would be more appropriate.
“I think the Mental Health Act should include different options for different situations,” Peters said. “Given the complexity, if a risk assessment shows that this person is not dangerous, should a police officer always be required to transport them? There are various aspects of the Mental Health Act that can be carried out depending on different circumstances. I think there should be more options included.”
The law has not undergone a major overhaul in decades, leaving limited options for dealing with people who require involuntary treatment or hospitalization. Similarly, it does not acknowledge the role of non-police resources in responding to crises.
One of advocates’ biggest concerns is the fact that the only entities authorized under the law to arrest citizens for involuntary treatment or testing are “peace officers.” be. Similarly, the powers given to the police are broad and, in some cases, very poorly defined.
For example, section 12 does not clearly define the methods police may use to arrest and transport a person subject to a mental health order. The clause states that police can take “all reasonable measures” including “entering any premises to take a person into custody”. However, the law does not define “reasonable measures” or specify when police may or may return to procedures that may involve the use of deadly force.
The law also does not require mental health professionals to be involved in risk assessments conducted by police before deciding how much force and type of force should be used to detain someone. .
Finally, the law gives police the power to determine whether a person “clearly suffers from a mental disorder likely to cause serious harm to the person or others.” Winnipeg police officers receive annual de-escalation, crisis intervention and mental health training, but there are concerns their intuition and knowledge may be far less than that of mental health professionals.
This isn’t just a Manitoba problem. An audit of every state’s mental health laws reveals the same blind spots and outdated concepts when it comes to mental health issues and treatment. Ten state laws only authorize law enforcement agencies to enact orders issued under the law.
Dan Lett
columnist
Dan Lett is free pressprovides opinion and commentary on politics in Winnipeg and beyond. Dan was born and raised in Toronto. free press Read more about Dan.
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