City explores options for opposing legal challenge to new meth-detention law Compassion, tolerance for drug users ’not synonymous,’ Gillingham says

Winnipeg Mayor Scott Gillingham is considering inserting the city into a legal battle between the province and its former chief psychiatrist, who is challenging the constitutionality of detaining intoxicated people for up to three days.

Read this article for free:


or

Already have an account? Log in here »

To continue reading, please subscribe:

Subscribe and receive a limited-edition Free Press branded hat or tote.

Digital Subscription

One year of digital access for only $205*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*First annual payment billed as $205.00 + GST for one year. This annual subscription will automatically renew at $233.00 + GST every 52 weeks (10% off the regular annual price of $259.35). Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

Winnipeg Mayor Scott Gillingham is considering inserting the city into a legal battle between the province and its former chief psychiatrist, who is challenging the constitutionality of detaining intoxicated people for up to three days.

The mayor held a private meeting of his executive policy committee Tuesday, calling upon the City of Winnipeg’s lawyers to provide a briefing on an ongoing legal case involving Bill 48, the Protective Detention and Care of Intoxicated Persons Act.

Dr. Jim Simm filed a notice of application in the Court of King’s Bench last month, launching a constitutional challenge against the law, which he believes is an ineffective way to address Winnipeg’s burgeoning drug crisis.

MIKAELA MACKENZIE / FREE PRESS FILES
                                Mayor Scott Gillingham asked for a briefing on an ongoing legal case involving Bill 48, the Protective Detention and Care of Intoxicated Persons Act.

MIKAELA MACKENZIE / FREE PRESS FILES

Mayor Scott Gillingham asked for a briefing on an ongoing legal case involving Bill 48, the Protective Detention and Care of Intoxicated Persons Act.

The challenge argues the law could violate the Canadian Charter of Rights and Freedoms. Only the attorneys general of Manitoba and Canada are named in the filing, but Gillingham said he is considering options for the city to get involved in defence of the bill.

“We, as a city, have interest in the challenge of Bill 48.”

“We, as a city, have interest in the challenge of Bill 48. There is an impact on our city staff, there is an impact on the social order, as well, and ultimately on the people struggling,” Gillingham said.

“I think it’s important to realize that compassion and tolerance are not synonymous. We can be compassionate by sometimes not tolerating people struggling over and over again.”

The mayor would not reveal what advice the city’s lawyers provided during the in-camera session, but said one option could involve the city applying for intervener status in the proceedings.

An intervener is an individual or organization not included as a party to a legal filing, but has an interest in the proceedings. If the city were granted standing as an intervener, its lawyer could provide evidence, conduct cross-examination and make written or oral submissions.

The mayor stressed that city council has not made any decision on what its next step will be.

While fielding questions from reporters Tuesday, Gillingham reiterated his support for Bill 48.

The province passed the legislation in November. It replaced 1987’s Intoxicated Persons Detention Act, which was based on alcohol use and permitted 24-hour holds. Under the new law, intoxicated people can be detained and held involuntarily at 190 Disraeli Fwy. for up to 72 hours.

Premier Wab Kinew, who spearheaded the creation of the so-called protective care centre, has described the 20-bed facility as a “drunk tank for people that are high on drugs.”

The facility features individual, cinder-block units measuring three metres by three metres. Each one is equipped with a bed, toilet, sink, video surveillance, an intercom and a door with a small window and outside lock.

MIKAELA MACKENZIE / FREE PRESS FILES
                                The 20-bed detox facility on Disraeli Freeway started accepting people intoxicated by drugs in March.

MIKAELA MACKENZIE / FREE PRESS FILES

The 20-bed detox facility on Disraeli Freeway started accepting people intoxicated by drugs in March.

The centre began accepting people intoxicated by drugs in March. A government spokesperson said 2,845 people had been detained at the facility as of April 20, the latest data available.

The average length of time people had been held at the facility as of that date was five hours, and the longest amount of time was about 21 hours.

Data reporting for the facility will occur quarterly, and the province expects to release updated data in the coming weeks, the spokesperson said.

“We are not serving our fellow citizens by letting them continue in these struggles.”

Gillingham said city paramedics have shared anecdotes with him in which they have responded to multiple overdose calls involving the same patient during a single shift. Meanwhile, firefighters have told the mayor they are concerned the high number of overdose calls is tying up crews and equipment, limiting their ability to respond to fire calls.

The Winnipeg Police Service and Winnipeg Fire Paramedic Service have both endorsed the implementation of Bill 48.

“We need to act and intervene, and I think the premier is on the right track,” Gillingham said.

“We are not serving our fellow citizens by letting them continue in these struggles without intervening and providing them options toward recovery.”

“There are better options that could be arranged than a three-day, involuntary hospitalization in a solitary confinement cell.”

Neither the provincial nor federal governments have responded to Simm’s legal challenge, court records show.

The first hearing on the matter was scheduled to take place June 10, but Simm said the lawyer he hired to represent him in the case is taking on a new position, so he must now apply for a postponement while he searches for new counsel.

MIKAELA MACKENZIE / FREE PRESS FILES
The average length of time people were being held at the facility was five hours, as of April 20.

MIKAELA MACKENZIE / FREE PRESS FILES

The average length of time people were being held at the facility was five hours, as of April 20.

“I still stand by my opinion there are better options that could be arranged than a three-day, involuntary hospitalization in a solitary confinement cell,” he said.

“I medically think it is not a good idea and it is up for a Charter challenge.”

Representatives from Sunshine House, the West End Women’s Resource Centre and Resource Assistance for Youth have previously spoken out against Bill 48, arguing it could further stigmatize and criminalize substance use.

Al Wiebe, a longtime homelessness advocate who spent more than two years living on Winnipeg’s streets, criticized the province’s 72-hour detox centre model on Monday.

He said the city’s worsening drug-toxicity crisis has pushed conditions for people with addictions to levels he has never seen before.

“People are desperate after they get out (of detention), and are more desperate to find drugs than when they went in,” he said. “People are going to be more desperate to get it…. And I think that might be one of the problems.”

— With files from Joyanne Pursaga and Scott Billeck

tyler.searle@freepress.mb.ca

Tyler Searle

Tyler Searle
Reporter

Tyler Searle is a multimedia producer who writes for the Free Press’s city desk. A graduate of Red River College Polytechnic’s creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler.

Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.

Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.

Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.

Report Error Submit a Tip

More Stories

Serious crash at West Kildonan intersection known for collisions

Nicole Buffie 3 minute read Preview

Serious crash at West Kildonan intersection known for collisions

Nicole Buffie 3 minute read Updated: Yesterday at 6:09 PM CDT

Residents in West Kildonan say an intersection that was the site of a serious car crash Sunday morning is notoriously dangerous.

Rob Lick heard a loud bang around 7 a.m. and rushed out of his home on Leila to see what the commotion was. He saw two crushed SUVs, a white and black one, in the intersection. Police vehicles arrived shortly after.

“It sounded like when (garbage trucks) drop a big dumpster,” he said. “I heard somebody crying or wailing, they were standing by the vehicle so I don’t know who exactly it was or if someone was injured.”

The sound of sirens followed shortly after when emergency crews came to the scene. The intersection was immediately blocked off.

Read
Updated: Yesterday at 6:09 PM CDT

Break spell before it hexes your marriage

Maureen Scurfield 4 minute read 2:00 AM CDT

DEAR MISS LONELYHEARTS: I have an itch that needs to be scratched every couple of days. I sneak home with a new young woman from my workplace, who is a witch, and spend an hour or more with her, learning some things my wife doesn’t know anything about. It’s not really sexual with this new person yet, but I’m feeling intrigued by her witchy-ness — and more.

I’m fascinated and want to learn whatever she’s willing to teach me as we go along. This is especially cool now my “magic woman” has told me she’s interested by the darkness in me. Whatever that means. Nobody’s ever noticed that before.

I feel my wife really doesn’t need to know I’m into this stuff. It would only hurt her, and it may lead to nothing. But how do you keep a secret from your partner for any length of time when they know your every mood and can almost smell your secrets?

— Feeling Insecure, West End

‘We’re small, but we’re strong and mighty’: Lögberg-Heimskringla newspaper celebrates 140 years in Manitoba

Aaron Epp 6 minute read Preview

‘We’re small, but we’re strong and mighty’: Lögberg-Heimskringla newspaper celebrates 140 years in Manitoba

Aaron Epp 6 minute read 6:00 AM CDT

A “friend” of the Icelandic community is now 140 years old.

Lögberg-Heimskringla, a Winnipeg-based newspaper that serves the Icelandic diaspora throughout North America, has published continuously for nearly a century-and-a-half. Staff and supporters celebrated the anniversary Saturday afternoon during a gathering at the Scandinavian Cultural Centre.

“Whatever else it may be, Lögberg-Heimskringla is a friend in print — a familiar cultural institution that has enriched our lives and understanding, informing us and entertaining us at the same time,” editor Stefan Jonasson wrote in the paper’s anniversary issue, published on Sept. 15.

“It has served as a vessel to convey the Icelandic culture and heritage in North America through the course of several generations and changing circumstances, preserving memories from the past, imagining what lies ahead and reinventing itself along the way.”

Read
6:00 AM CDT

Driver of stolen vehicle facing impairment, other charges after fatal high-speed crash in West Kildonan Sunday

Scott Billeck 2 minute read Preview

Driver of stolen vehicle facing impairment, other charges after fatal high-speed crash in West Kildonan Sunday

Scott Billeck 2 minute read 1:06 PM CDT

A 19-year-old man faces impaired driving and other charges after a crash involving a stolen vehicle in north Winnipeg killed a 20-year-old woman and another left another woman with life-threatening injuries.

The Winnipeg Police Service said officers spotted a 2022 Honda CR-V travelling north on McGregor Street at a high rate of speed shortly after 7 a.m. Sunday. The SUV allegedly ran a red light at Leila Avenue and collided with a 2023 Kia Seltos.

The force of the impact sent the CR-V airborne before it struck a traffic light standard, rolled and hit a tree, causing “catastrophic damage,” police said.

Four people were inside the mangled CR-V. A 20-year-old woman and a 22-year-old woman were taken to hospital in critical condition, where the younger woman died. The 22-year-old remains in critical condition.

Read
1:06 PM CDT

Puzzles Palace

1 minute read Monday, Jul. 27, 2026

To solve our puzzles, please subscribe with this special offer: |

Who will vote for trees?

Erna Buffie 5 minute read Preview

Who will vote for trees?

Erna Buffie 5 minute read 2:01 AM CDT

In July 2026, Terrasse-Vaudreuil, a small Quebec town, made international headlines.

And no, it wasn’t the result of murder and mayhem or a catastrophic flood. The headlines were about a remarkable resolution passed by its town council, making Terrasse-Vaudreuil the first city in the world to recognize the rights of trees.

Read
2:01 AM CDT