Ostrozac said:
Agreed, this is quite an informative discussion. I do have one question, though, because I'm clearly missing something important. For the specific task of dealing with a member who is at risk of self-harm, why does it need provincial mental health act coverage? Isn't this a service offence that the member should be arrested for, to prevent the occurrence of said service offence? NDA 98 is "Malingering, aggravating disease or infirmity or injuring self or another".
Note that my knowledge of Service Discipline is only an inch deep -- I've done Unit Disciplinary Investigations and Summary Investigations, and I've been an Ops O, but I am absolutely not an expert, and I constantly seek the advice of experts. And I acknowledge that I'm missing some knowledge in this case.
Arresting them, fine; but then what? We still don't have the authority at that point to transport them to a medical facility against their will. Not to mention civilians (often
dealing with them more than members!) Arresting someone who clearly needs medical help is not the solution.
The mental health act allows police to lawfully transport an individual to a medical facility to be assessed when it is the judgement of the police that they intend to harm themselves (among other things).
We, as MP, currently have an incomplete toolbox to carry out our duties. That is what this comes down to; MP having the authority and legal protections to help our members and members of the public in their time of need!
*edit* although we have no primary ability to act as peace officers and transport under the respective mental health act; there is an ability to detain that person for their safety; call a peace officer who has provincial status and tell them what's happening and if they ask you to take that person to the hospital for assessment, you are legally required to; as per sec 129 of the Criminal Code which states:
129 Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
Although this may be an interim solution to address the gap in the short term; the long term solution is clearly provincial recognition of Military Police in some way or another.