New Brunswick

Some homeless people don't want to leave the street, Higgs says

The death of two people at a tent encampment in Saint John shows the need for legislation to force homeless people with addictions into treatment against their will. 

Premier says Saint John deaths show need for law to let authorities force people into addiction treatment

Blaine Higgs speaks to reporters
Blaine Higgs said some homeless people don't want help or to go into shelters following the deaths of two people in a Saint John homeless encampment fire on Monday. (Radio-Canada)

Premier Blaine Higgs says the death of two people at a tent encampment in Saint John shows the need for legislation that would force some homeless people with addictions into treatment against their will. 

Higgs brought up the bill, yet to be introduced, in response to questions from the opposition about the two deaths on Monday. 

"Some people just don't want to come off the street," the premier said in Question Period.

"So are we going to consider that as an acceptable lifestyle and condone it? Or are we going to find a way to help them find a way back into homes and into a life that's worth living?"

Police and fire at the scene
Police and fire were on scene at Paradise Row in Saint John Monday afternoon for a fire at a homeless encampment that killed two people. (Roger Cosman/CBC)

Last fall's throne speech promised legislation called the Compassionate Intervention Act, which the government said would "empower judges and hearing officers to order treatment for severe substance abuse disorder."

It said that intervention would include "a compassionate approach" and the legislation would set out parameters for that.

Higgs said during Question Period that the bill would recognize that when people's lives are in danger, "we can help them find shelter so they will not die." 

The premier said he hoped the legislation would win unanimous support in the legislature. 

WATCH | 'Are we going to consider that as an acceptable lifestyle and condone it?':

Premier says some homeless people don’t want to leave the street

8 months ago
Duration 1:48
Higgs made the statement when pressed in the legislature about the deaths of two people in a fire at a Saint John tent encampment.

Speaking to reporters, Higgs wouldn't say how the planned legislation would comply with the Charter of Rights and Freedoms, which says everyone has "the right not to be arbitrarily detained or imprisoned."

"That's where the debate will come in, in the house, when we introduce it," Higgs said.

"Basically, when does it become a safety issue? The safety not only of the individual, but to the community. … And we'll see where that goes." 

Saint John police say it could be days or weeks before the two people who died in the fire Monday afternoon are identified. The fire is under investigation.

Higgs expressed his condolences to the families of the two victims.

Health Minister Bruce Fitch told reporters Tuesday he didn't know whether the legislation would have made a difference in Saint John. 

Susan Holt speaks to reporters
Liberal Leader Susan Holt said forcing people into treatment was not a good idea, adding that other options are available. (Radio-Canada)

Liberal Leader Susan Holt and Green Leader David Coon both said forcing people into treatment was not a good option and that some people don't choose shelters because they don't feel safe there or fear someone will steal the few possessions they have. 

"We have a government saying they [people on the street] are the problem," Holt said.

"There are solutions out there that this government is not acting upon."

Coon called the idea "crazy" and "problematic," noting there's already a law that allows people to be detained if they are a danger to themselves or others.

"We'll see what the bill says, but the way it's been presented, it sounds like it goes way too far," he said.

David Coon speaks to reporters
Green Leader David Coon called the plan for upcoming legislation "crazy" and "problematic." (Radio-Canada)

Public Safety Minister Kris Austin said last week the legislation was coming "shortly."

In Question Period, Fitch accused the opposition Liberal and Green parties of "politicizing" the two Saint John deaths, saying a lot remained unknown about the circumstances.

"Wait for the investigation to be complete, and learn from that," Fitch said, though he also made factual claims about the situation, including an assertion that there were spots available in shelters in Saint John on Monday night.

Higgs said he didn't know if other provinces have used such a law with any success, but he said it was better to help "save people from themselves" rather than just keep building more tent encampments. 

He said too often, New Brunswickers see someone on the street whose life is at risk.

"If they don't respond, 'Yes, I want to come off, yes I want help,' then we walk on by. And it just doesn't seem we should be doing that," he said.

ABOUT THE AUTHOR

Jacques Poitras

Provincial Affairs reporter

Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history.