The NDP government is undertaking an extensive review of the Mental Health Act to see if there are ways to de-emphasize the role of police, and increase non-police options, when responding to mental health crises, the Free Press has learned.
Housing, Addictions and Homelessness Minister Bernadette Smith, whose responsibility includes mental health services, said in an interview she has directed her department to begin a “full review” of the law. It will involve consultation with community mental health advocates, police and Manitobans who have experience with mental health challenges.
Only “peace officers” are authorized to execute orders issued under the legislation. Community advocates are lobbying to have a wider variety of mental health wellness calls, including some orders issued under the Mental Health Act, handled by civilian resources.
NIC ADAM / FREE PRESS FILES
Housing, Addictions and Homelessness Minister Bernadette Smith said in an interview she has directed her department to begin a “full review” of the Mental Health Act.
Given the shortage of police resources, and increases in the number of police shootings involving individuals suffering from a mental health crisis, the time is right for an overhaul of the law, Smith said. In principle, the province would like to lessen the burden on police and increase the involvement of civilian resources, she said.
“We’ll be meeting with those who have lived experience, community members, police and other experts,” Smith said. “This (review) is long overdue. We are going to modernize the act so that we have a version that is going to meet the needs of Manitobans.”
Insp. Helen Peters, mental health liaison for the Winnipeg Police Service, said she welcomes the review of the law to authorize a broader range of responses. Right now, the burden on police as the sole agency responding to mental health calls has become “challenging and taxing” given that police have the legal obligation to be the sole response for “everybody in every circumstance,” she said.
Peters, who oversees police involvement in the alternative response to citizens in crisis program, said police are the “only entity authorized” to execute orders outlined in the legislation. The program, which pairs mental health workers with plainclothes officers, is limited in the kinds of calls it can respond to, she said.
Given growing public support for non-police options, and a wide array of community groups trying to provide support for the mentally ill, it makes sense to modernize the law to allow for a broader range of responses, Peters said.
Peters said police will always be ready to respond to volatile situations where individuals are a threat to themselves or others. However, there are many other scenarios where a non-police response is more appropriate.
“I think the Mental Health Act should incorporate different options for different circumstances,” Peters said. “Given the complexities, does it always need to be a police officer transporting if a risk assessment shows that this person is not a risk? I think the Mental Health Act should incorporate different options for different circumstances.”
The law, which has not had a major overhaul in decades, has limited options for dealing with people who may need involuntary medical care or hospitalization. As well, it does not acknowledge any role for non-police resources in responding to crises.
Among advocates’ greatest concerns is the fact that the only entity authorized under the act to apprehend citizens for involuntary treatment or examination are “peace officers.” As well, the powers afforded to police are extensive and, in some cases, very poorly defined.
For example, under section 12, the methods used by police to apprehend and convey a person subject to a mental health order are not well-defined. This section says police may take “any reasonable measures” including entering “any premises to take the person into custody.” However, the act does not define“reasonable measures,” or dictate when or whether police can revert to protocols that may involve the use of lethal force.
The legislation also doesn’t require the involvement of mental health professionals in the risk assessments police conduct before determining how much force, and what kind, should be used to take someone into custody.
Finally, the law gives police the power to determine whether a “person is apparently suffering from a mental disorder that will likely result in serious harm to the person or to another person.” Winnipeg police officers undergo annual de-escalation, crisis intervention and mental health training but there’s concern their instincts and knowledge fall well below that of a mental health professional.
This is not just a problem in Manitoba. An audit of mental health legislation in all provinces shows the same blind spots and outdated concepts regarding mental health challenges and treatments. Legislation in the 10 provinces solely authorize law enforcement to enact orders issued under the law.
dan.lett@winnipegfreepress.com
Dan Lett
Columnist
Dan Lett is a columnist for the Free Press, providing opinion and commentary on politics in Winnipeg and beyond. Born and raised in Toronto, Dan joined the Free Press in 1986. Read more about Dan.
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