Winnipeg mayor looking into legal challenge of Manitoba’s intoxication detention legislation
Posted May 19, 2026 12:09 pm.
Last Updated May 19, 2026 6:34 pm.
Winnipeg’s mayor says he is scrutinizing a legal challenge to Manitoba legislation aimed at detaining highly intoxicated people for up to three days.
Bill 48, passed last November by the Manitoba legislature with near unanimous support, allows authorities to hold people high on methamphetamine and other drugs for up to 72 hours – an increase from 24 hours – at “protective care” centres.
A former top psychiatrist in Manitoba filed a constitutional challenge of that legislation last month, arguing intoxication can look identical to certain severe mental illnesses. A first hearing of the case is scheduled for June 10.
Winnipeg Mayor Scott Gillingham, a supporter of Bill 48, says members of the executive policy committee will discuss the legal challenge “in camera” on Tuesday.
“We need to better understand the implications of this lawsuit, and to consider what alternatives might be available to support Bill 48 if City Council chose to do so,” the mayor said in a statement.
Gillingham says the bill is a “reasonable response” to the realities of the day.
“For example, we have learned that it is common for Fire-Paramedic responders to save the life of the same addict from an overdose more than once on the same shift. Last week, my homelessness advisor shared the grim news that volunteer shelter workers are starting to experience the same repetitive pattern,” Gillingham said.
“Without some legal means to interrupt this destructive cycle, the victims of addiction will always be drawn back to the street in search of their next overdose, indefinitely. This keeps heartless drug dealers in business, but it is unsustainable for our highly trained emergency workers, who are increasingly called on to administer Naloxone or Narcan more than any other task.”
The bill requires that a detained person be assessed at “reasonable intervals” to gauge their intoxication. They are also to be seen by a health professional after 24 and 48 hours.
READ: Activists protest at legislature against Bill 48, mandatory 72-hour hold at detox centre
The bill was supported by first responders, but it was opposed by some community groups who said holding people against their will for up to 72 hours effectively criminalizes addiction.
The NDP government introduced the bill in October, late in the legislative calendar, and called on the Opposition to support the bill’s quick passage before the end of the session.
The Progressive Conservatives proposed amendments to the bill that would require annual reporting on the number of people being detained; forbid protective care centres within 500 metres of schools, daycares and similar buildings; and require public consultations on new sites. The amendments were defeated by the NDP majority in the chamber.
The NDP accused the Tories of delaying the bill and said their call for 500-metre buffer zones was unworkable.
In the end, the bill was supported by New Democrats, Progressive Conservatives and Cindy Lamoureux, the lone Liberal member. The only vote against came from Mark Wasyliw, an Independent legislature member who was kicked out of the NDP caucus in 2024.
–With files from The Canadian Press
