We have serious concerns as to whether involuntary treatment is an effective approach to addressing the problem of addiction within New Brunswick communities. As an initial step, we would suggest convening a panel of legal, medical, and social work experts to provide an opinion to the government as to whether any such regime can be made effective and constitutionally compliant. We would also urge the government to address existing, long-term issues in the system that have resulted in significant delays for those with addiction to enter treatment voluntarily. The ability of those to engage voluntarily in government programs to address the problems they face before the state resorts to coercion undoubtedly will be a factor any court will consider in determining its constitutionality.28
28 See, e.g. Gosselin v. Quebec (Attorney General), [2002] 4 S.C.R. 429, 2002 SCC 84; Victoria (City) v. Adams, 2009 BCCA 563.