Skip to main content
The Intoxicated Persons Detention Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 18, 2017.
It has been in effect since December 20, 1988.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. I90

THE INTOXICATED PERSONS DETENTION ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act

"detoxication centre" means premises, or those parts of the premises of an institution that have been designated by the minister as a detoxication centre for the purposes of this Act; (« centre de désintoxication »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)

Taking intoxicated persons into custody

2(1)        Where a peace officer finds in a place to which the public has access a person who is intoxicated, he may take that person into custody.

Custody in detoxication centre

2(2)        Where a peace officer takes a person into custody under subsection (1), if there is a detoxication centre in the community, the peace officer may take the person to the detoxication centre and deliver him into the custody of the person in charge of the detoxication centre.

Release

3(1)        Where a person is taken into custody under section 2, the person having custody of him shall release him

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

(b) if an application is made sooner by a member of the person's family or by a person who appears to be suitable and capable of taking charge of the person, into the charge of that applicant;

but in any case before the expiry of 24 hours after the person was taken into custody.

Remaining after 24 hours

3(2)        Where a person taken into custody under section 2 is in the custody of the person in charge of a detoxication centre, the person in custody may be allowed to remain in, and, with his consent, be cared for in the detoxication centre after the expiry of 24 hours after he was taken into custody.

R.S.M. 1987 Supp., c. 4, s. 13.

Application of other provincial laws

4           Any provision of an Act of the Legislature, or of a regulation made thereunder, or of a by-law of a municipality or local government district, creating an offence of, or prohibiting a person from, being drunk or intoxicated in a public place is no longer applicable.

Exemption from liability

5           No action lies against a peace officer or a person employed in a detoxication centre or other person for anything done in good faith in respect to the taking into custody of any person, the detention in custody of any person or the release of a person under this Act.