Involuntary Treatment Legislation in Canada: Implications for Pregnant People and Parents

Since 2023, three Canadian provincial governments have announced plans to establish involuntary treatment laws that would apply to people who use criminalized substances, with one province passing such legislation in 2025. In this commentary, the authors attend to the implications of this approach for pregnant people and parents and identify two key concerns. First, involuntary treatment punishes parents, likely contributing to the apprehension of their children—present and future—and undermining their access to health services. Second, involuntary treatment legislation will likely be applied in ways that bolster fetal rights and fetal protection discourse, enabling the confinement of pregnant people.