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RSNL1990 CHAPTER D-21

DETENTION OF INTOXICATED PERSONS ACT

Amended:

2004 cL-3.1 s24

CHAPTER D-21

AN ACT RESPECTING PERSONS IN AN INTOXICATED CONDITION IN PUBLIC PLACES

Analysis



Short title

        1. This Act may be cited as the Detention of Intoxicated Persons Act.

1973 No 122 s1

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Definitions

        2. In this Act

             (a)  "detoxification centre" means a hospital designated under section 3; and

             (b)  "peace officer" means

                      (i)  a member of the Royal Newfoundland Constabulary,

                     (ii)  a member of the Royal Canadian Mounted Police Force stationed in the province,

                    (iii)  with respect to the area over which his or her authority extends, a municipal police officer, and

                    (iv)  with respect to the area over which his or her authority extends,

                            (A)  a person possessed of or given the powers of the Royal Newfoundland Constabulary, and

                            (B)  another person employed for the preservation and maintenance of the public peace.

1978 c42 s1; 1981 c79 s8

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Labrador Inuit rights

      2.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s24

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Designation of a detoxification centre

        3. Upon the request of a hospital and upon the advice of the Ministers of Health and Justice, the Lieutenant-Governor in Council may by order designate a hospital in the province as a detoxification centre.

1978 c42 s1

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Intoxicated person in custody

        4. (1) Where a peace officer finds in a place to which the public has access a person who is in an intoxicated condition, he or she may, where that peace officer is of the opinion that the person may

             (a)  be a danger to himself or herself;

             (b)  be a danger to others; or

             (c)  cause a nuisance,

take that person into custody.

             (2)  Where a peace officer takes a person into custody under subsection (1), the peace officer may escort that person to a detoxification centre.

1973 No122 s3; 1978 c42 s2

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Release from custody

        5. (1) Where a person is taken into custody under section 4, the person having custody of him or her shall release that person

             (a)  on his or her recovering sufficient capacity to remove himself or herself without danger to himself or herself or others and without causing a nuisance; or

             (b)  where an application is made sooner by

                      (i)  a member of his or her family, or

                     (ii)  a person of the age of majority

who appears to be suitable and capable of taking charge of the person, into the charge of that applicant.

             (2)  A person shall not remain in custody under paragraph (1)(a) longer than 48 hours unless 2 qualified medical practitioners view his or her condition and furnish a written certificate in duplicate, signed by both practitioners, that in their opinion the person has not recovered the capacity referred to in that paragraph, but he or she shall be released immediately upon recovering that capacity.

             (3)  The person having custody of the person who is the subject of the certificate referred to in subsection (2) shall, as soon as reasonably possible, transmit 1 of the duplicate certificates to the Minister of Justice.

             (4)  Immediately after a person has been escorted to a detoxification centre under section 4, that person is no longer in custody for the purposes of this section.

1973 No122 s4; 1978 c42 s3

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Protection of peace officers

        6. (1) An action does not lie against a peace officer or other person for anything done in good faith with respect to the taking into, or holding in, custody of a person or the release of a person under this Act.

             (2)  Where

             (a)  a peace officer who takes a person into custody under this Act has reasonable grounds for believing the person to be in an intoxicated condition, an action does not lie against him or her for false arrest or false imprisonment; and

             (b)  a peace officer who takes a person into custody under this Act, or another person who keeps a person in custody under this Act until he or she can be lawfully released, does not use more force than is necessary for that taking or keeping, an action does not lie against him or her for assault.

             (3)  An action or other proceedings for damages may not be brought against a medical practitioner or a hospital or an officer or an employee on the grounds only that he or she examines or treats without his or her consent a person who is brought to a detoxification centre under section 4.

1973 No122 s6; 1978 c42 s4