Thank you, Mr. Speaker. I have some questions for the Minister of Health and Social Services, and I wanted to ask some questions about the Mental Health Act. We have on our Order Paper the first reading of a bill that’s coming up. We’ve also been hearing from the Minister for quite some time that the Mental Health Act is under revision. It seems to be an extremely long time coming. Certainly, the standing committee has been looking at it for over a year. I’d like to ask the Minister, first of all, to give us an update on where the development of a new Mental Health Act is at this point.
Thank you, Ms. Bisaro. The Minister of Health, Mr. Abernethy.
Thank you, Mr. Speaker. The current Mental Health Act is quite old, quite outdated. It’s truly not meeting the needs of the residents of the Northwest Territories. Moving forward with the Mental Health Act, the department released a discussion paper in November 2013 for review by residents of the Northwest Territories. From May to June 2014, the department consulted with key stakeholders on the proposed Mental Health Act as well as the discussion papers. In November we received the LP back from committee which gave us the ability to move forward and develop drafting instructions with the input of committee, because they had an opportunity to review the discussion papers and hear much of the input. Once we got the input from the Members through the LP, we prepared the drafting instructions. Those drafting instructions have gone to the Department of Justice and the legislation is currently being drafted.
This is a massive piece of legislation. It’s not an amendment; it’s a brand new piece of legislation. As we are moving forward we had said and indicated that this will take 10 to 12 months, once we get the LP back, to actually go through the drafting process. This is a priority of mine; this is a priority of government; and I know it’s a priority of Members. We’re committed to trying and working really hard to have that legislation ready for the May/June sitting.
Right now, I have regular conversations with the Department of Health, and I’ve got commitment from the Minister of Justice to commit resources to this project to get it done by May/June. But we’re working on a tight deadline and we’re trying to get 10 to 12 months’ worth of work done in six months. I’m optimistic that we can do it and we’re hopeful to have the legislation in front of this House in May/June. There is a chance it may not happen, and if it doesn’t happen, I’ve committed to tabling the document in the life of this Assembly so that other people can start looking at it and reviewing it in anticipation of passing it in the 18th Assembly. But my preference, the preference of Cabinet is to get that piece of legislation done for the May/June sitting. Thank you, Mr. Speaker.
Thanks to the Minister for that long answer, good answer. The Minister mentioned that drafting instructions were given to the legislative drafters. One of the major concerns that I think all of us have with regards to certain patients is that they go off their meds and they create dangerous situations for themselves and for other people, family, public and so on.
I’d like to know from the Minister what was in the drafting instructions that he gave to the legislative drafters that will look at that problem in terms of clients and patients who create dangers for themselves and the public. Thank you.
Mr. Speaker, in looking at what other jurisdictions are doing to address this exact problem, there are actually models out there where we can do this exact thing. Individuals who have come in for psychiatric assessment or a diagnosis who are on medications, who are in our system, we can work with them to sign that release document that will allow them to leave our facilities, on the understanding that they will take the medications on a regular basis. If they don’t, then we can look at working with them to bring them back in the facility.
It’s a complicated piece of legislation. It’s going to take a lot of work, and it’s going to take a complete rewrite to get us to the position where we’ll be able to do that. There is no simple fix for this. This takes a massive undertaking to make this happen. Thank you, Mr. Speaker.
Thanks again to the Minister. Another concern that arises when you talk about someone who is going to be a danger and they are then admitted, whether they want to be or not, into a psychiatric facility, there’s a certain human rights issue there, people being held potentially against their will.
How will the new act address that? How will it look at having people admitted who don’t necessarily want to be but need to be? Thank you.
There’s always going to be a high standard required, both medically and legally, to involuntarily commit an individual. Our current act is really vague in this particular area, and the drafting instructions are to look at the other jurisdictions and find ways to enhance that, recognizing that we do have to be incredibly careful so that we don’t infringe on individuals’ human rights.
But there is precedent out there. There is legislation out there. We’re looking at making a complete change to our Mental Health Act.
As I said, barring any unforeseen complications, we’re hoping and anticipating we’ll get that in May/June. If we can’t, we’ll certainly be tabling it in the fall sitting, as I’ve indicated. Thank you, Mr. Speaker.
Thank you, Mr. Abernethy. Final, short supplementary, Ms. Bisaro.
Thank you, Mr. Speaker. Just a question as to process. If the bill is not ready for tabling in May/June, it then will not be able to go through our process before the Assembly is dissolved and an election takes place. So when the Minister says he’s tabling, maybe he could explain what that means.
What is he tabling and what does that mean in terms of a bill coming forward and actually processing through and getting passed at some point? Thank you.
Mr. Speaker, as I’ve indicated, we’ve always been fairly clear that the legislation is going to take about 10 to 12 months to conclude, once we have received the LP back. The LP came back in November, which leaves us about just over six months to May/June. Recognizing the importance of this legislation, the Minister of Justice has committed staff and I’ve committed staff to make this happen for May/June. So that’s six months’ work in 10 months.
We’re working like crazy to make this happen, and it’s our hope that it will happen. We’re intending to actually introduce the bill for first reading and second reading, not table it in May/June, but first reading and second reading in May/June.
If, unfortunately, unforeseen circumstances like we have to rewrite a whole lot of regulations or one of our staff members happens to get ill and isn’t able to continue with the file, we may not finish in May/June. If that happens, our intention is to table the document in the August or fall sitting, which will make this a public document so all residents in the Northwest Territories will be able to review, read and discuss this legislation. Discussion can begin at that point. At which point, early in the 18th Assembly, whoever the Minister of Health and Social Services happens to be, he can bring that forward at the first sitting for first reading and second reading and then begin the normal 120-day process. Thank you, Mr. Speaker.
Thank you, Mr. Abernethy. Time for oral questions has expired. Colleagues, before I go on, I would like to welcome my daughter Kristin Jacobson to the Assembly today.
