Bill 202: the Protection of Children Abusing Drugs Act
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Bill 202: The Protection of Children Abusing Drugs Act by Mary-Anne Jablonski, MLA This article looks at the Standing Orders and Practices used for dealing with Private Members’ Bills in Alberta. It describes the obstacles that had to be overcome in order to deal with drug abuse among children. n 1993 under the leadership of The next substantial amendment to the Standing Orders IPremier Ralph Klein and then in 1993 is that all Private Members’ Motions that are on House Leader, Ken Kowalski and the Order Paper are now to be dealt with within 60 min- with the co-operation of Opposition utes of their initiation for discussion. This eliminated the Leader Laurence Decore and situations where Motions stayed on the Order Paper for Opposition House Leader Grant an entire calendar or sessional year as an adjourned item Mitchell, substantial changes were of business with the lowest possible of priorities over re- made to the way the Alberta maining motions that faced the identical fate. Legislature deals with Private Third, a new timely process for Private Members’ Bills Members’ Bills. was created. Private Members’ Bills are now introduced The most substantial change was a House Leader one day and go to second reading on the next Private agreement to allow for free votes on Private Members Members Day. Two hours is provided to deal with the days. The agreement reads “where the order of business Bill in second reading and at the end of that time, the Bill of the Assembly consists of Private Members’ Business, is voted on. If defeated, the Bill falls off the Order Paper.If that business shall be conducted free of whips.” Mem- passed, it goes to the next stage, the Committee of the bers would now have to come to the House with a posi- Whole House and if it is passed in Committee, it goes to tion and be prepared to vote on the basis of what they third reading. These rule changes meant that for the first believe is important and right. This seemingly small time, Private Members could possibly see their Bill be- change had huge implications for Members. They were come law, because every Bill brought forward could face no longer able to tell their constituents that they voted a a vote. certain way because that is how the party voted. They are Fourth, Members were allowed to make Members now accountable to the people they represent. Although Statements every Tuesday and Thursday following in practice there is a tendency to vote along partisan lines, Question Period. According to the Standing Orders, six I have seen occasions time and again of Members voting Members Statements of two-minute durations would be against their party on Private Members’ Business. In my made on those days on any topic of interest to the Private experience, we have done well to preserve the spirit of member and would be free from procedural interrup- free voting on Private Members’ Business. tions, such as points of order. This is substantial because these Members Statements can be made about any sub- Mary-Anne Jablonski represents Red Deer North in the Alberta ject the Member desires. These rules have since been Legislative Assembly. In 2005 the author introduced a Private amended and Members Statements are now made every Member’s Bill for the protection of children abusing drugs. This is a day in proportion to the number of Members each party revised version of her paper presented on July 20, 2005 at the 43rd represents in the House, or by agreement of the House Canadian Regional Conference of the Commonwealth Parliamentary Leaders. In my experience, these Members Statements Association held in St. John’s Newfoundland and Labrador. WINTER 2005-06 / CANADIAN PARLIAMENTARY REVIEW 7 play a very important role in passing Private Members’ discussion with then Solicitor General, Heather Forsyth, Bills because they give Members the opportunity to bring I decided to look into what could be done to address this issues related to the Bill to the forefront. problem. I spoke to parents, police officers, teachers, for- The final change in the Standing Orders that occurred in mer addicts and street kids and they all told me the same 1993 was a change in the hours of Session. The Legisla- thing. Kids who are addicted to drugs cannot help them- ture no longer sits on Fridays. The hours were extended selves. I was shocked to hear a youth stand up at the crys- from Monday to Thursday in the afternoons and the tal meth conference and plead, “Do I have to commit a house would sit in the evenings. This allowed for Fridays crime before I can get help?” to become constituency days. I began researching the issue and realized that, with- The reason for this was best articulated by Premier out either charging these children for committing a crime Klein in 1993 when he said, that results in a criminal record, or dragging them and their families through the child welfare system, there “…..the more time we spend here, the more susceptible we become to that insidious disease called dome was no avenue available for parents to help their chil- syndrome: we start to think that unless its happening dren. here, its not happening at all. Its only when you get out I met some parents who told me they celebrated when from under the dome, amongst your constituents, that they found out their child had finally been charged with you understand that there is another reality.” a crime because now they would finally get help. And so Since 1993, 39 Private Members’ Bills have received began my quest. Royal Assent. It is important to note that since changing In Alberta, in order to determine which Members will the Orders, only bills sponsored by Private Government be able to bring forward Private Members’ Bills, we use Members have been passed. Also important to note, is the old fashion method – we draw names out of a hat. I that Government Members have voted for Opposition drew number 26. Knowing that only the first 7 to 12 bills Bills and are free to do so if they choose. ever made it to the floor of the Legislature during a ses- My first experience with a Private Member’s Bill was sion, I had a lot of work ahead of me. I felt very strongly one that required children under the age of 18 to wear about this legislation and in order to get it into the As- bike helmets. I supported this bill because I believe that it sembly, I needed a better bill position. I needed my col- was a good tool to help parents to get their children to leagues to agree that this idea was important enough to wear protective headgear. The moment the bill was exchange their position with me. passed, a group of people sitting in the Members Gallery I managed to switch with two members from my Cau- jumped up and cheered while hugging each other. I dis- cus, first to the 7th position, Bill 207 and then to second covered that these people were the doctors and nurses place to Bill 202. I would now be able to bring my Bill to from the Stollery Childrens Hospital in Edmonton who the Legislature to be debated and hopefully, passed into treat children with irreversible brain damage that hap- law. This would prove to be no small task. Bill 202 was pens when helmets are not worn. That was when I real- destined for a very rough ride through the legislature. ized Private Members’ Bills are a great way to work with Obstacles to be Overcome Albertans on issues that are important to them and to make changes that have a significant impact on their daily lives. Everyone agreed that we needed to do something to help youth addicted to drugs and their families, but Bill 202 the Protection of Children Abusing Drugs Act many felt that allowing parents to go before a judge to ask for an apprehension order, detox, assessment and a In the Spring 2005 Session the Alberta Legislature, mandatory treatment for up to 90 days was too risky. Bill unanimously passed Bill 202, the Protection of Children 202 would not stand up to a constitutional challenge. Abusing Drugs Act (PCHAD). The original purpose of the The media and the public played a very important role bill was to give provincial authorities and parents the in the passage of Bill 202. I used the radio and newspa- power to place children, under the age of 18, abusing pers as often as I could to get the message out. There is a drugs, into mandatory drug treatment programs for up group of very concerned parents in Alberta called Par- to 90 days. It was amended and now allows for a forced ents Empowering Parents which is made up of parents of intervention with detox and assessment for up to five former and current drug addicts. They were perhaps the days. most influential group in the ordeal. They wanted to help The idea for this Bill came to me during a conference in in any way they could, so I had them sign petitions, I my constituency on the subject of crystal meth. After a asked them to phone their MLAs and to tell everybody 8 CANADIAN PARLIAMENTARY REVIEW / WINTER 2005-06 they knew to phone their MLA. I knew that if drug abuse I knew that it was important to many people that this was a top issue in constituency offices, no Member could bill pass, so I agreed to amend it to remove the 90 day pe- ignore my bill.