Alcoholics and the law

As a lawyer acting exclusively for accused people in Saskatchewan, I note that the criminal justice system contains all the biases and negative attitudes toward people with addictions — particularly alcoholics — that are described in the CMAJ editorial by Stanbrook.¹

An alcoholic who commits a crime (i.e., shoplifting mouthwash) to feed his or her habit will often be placed on probation with a “no alcohol” clause. When that clause is inevitably breached, the court is asked by the Crown to send the alcoholic to jail for violating a court order. Many judges will support the Crown’s position. I have argued many times that, “telling an alcoholic to stop drinking is like telling someone with cancer to get better.” Unfortunately, the court assumes that people make their own rational choices and that the alcoholic has chosen to drink. Thus, the alcoholic is legally responsible for ignoring the “no alcohol” clause in his or her probation order and must be sent to jail for deliberately ignoring the court’s order.

In the debate over how to deal with alcoholics who are in conflict with the law, medical professionals would be a welcome addition. They could inject some medical knowledge into the debate, not allowing “misconceptions, stigma and ignorance” to triumph.