The power of the state: child prostitution and drug abuse laws.

Date01 January 2009
AuthorMcKay-Panos, Linda

Canada's laws dealing with problems experienced by children and youth seem to reflect a tension in philosophy between protecting children, and recognizing them as rights-holders who will soon be fully participating members of our society. This article sets out the general procedures in these laws and examines whether they are actually successful in using a protectionist coercive model to deal with two serious problems: prostitution, and drug abuse by children and youth.

Alberta (Protection of Children Abusing Drugs Act (PChAD) (S.A. 2005), Saskatchewan (Youth Drug Detoxification and Stabilization Act, S.S. 2005) and Manitoba (Youth Drug Stabilization (Support for Parents) Act, S.M. 2006) have passed legislation that provides for involuntary detention of youth who are involved in substance abuse. British Columbia's legislature assented to legislation that deals with both drug abuse and prostitution, but has indicated it will not be proclaimed in force: Secure Care Act, S.B.C. 2000. With regard to child and youth prostitution, Alberta passed the Protection of Sexually Exploited Children Act, R.S.A. 2000 (PSEC), which provides for the involuntary detention of youth who are involved in prostitution. Saskatchewan (Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act, S.S. 2002), Ontario (Rescuing Children from Sexual Exploitation Act, S.O. 2002 (not yet in force)) and British Columbia (see above) have introduced or effected similar legislation, which does not focus on secure care for children involved in prostitution, but rather on restraining those who sexually exploit children and youth.

How Drug Abuse Protection Laws Work

Alberta's PChAD allows the guardian of a child under 18 years old to apply to court for an Order of Apprehension and confinement of the child. The court can grant the order if it is satisfied that the child is abusing alcohol or drugs, which is defined as "the child is using the drug and the use caused or is likely to cause psychological or social harm to the child, or physical harm to the child or others." The court order will permit the guardian or the police to apprehend and transport the child to a safe house where he or she may be kept for up to five days. Then, the Alberta Alcohol and Drug Abuse Commission will assess the child's alcohol or drug abuse and is authorized to treat the child (e.g., by detoxification). Under the PChAD, the director of the safe house must provide the child with a "request for review" form and inform the child in writing of the reasons for and the time period of the confinement, the right to ask the court to review the apprehension and...

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