Pubdate: Tue, 03 Oct 2006
Source: StarPhoenix, The (CN SN)
Copyright: 2006 The StarPhoenix
Contact:  http://www.canada.com/saskatoon/starphoenix/
Details: http://www.mapinc.org/media/400
Author: Barb Pacholik, Saskatchewan News Network

DRUG TREATMENT COURT OPENS

Regina -- Call It Justice With A Dose Of Therapy.

When Judge Clifford Toth takes his seat at Regina provincial court 
today, it will mark the start of a new court that merges health and 
the law. Regina Drug Treatment Court (DTC) is targeted at 
drug-addicted, non-violent offenders.

The idea is that a mix of court and intensive counselling, backed up 
by monitoring and random drug tests, might better help set those 
offenders straight.

"Rather than looking at just somebody simply serving time, the focus 
is on dealing with some of the underlying issues of why they're going 
in and out of the justice system," DTC co-ordinator Darlene Rude said.

While the pilot project is a first for this province, the U.S. has 
had drug courts for 15 years. Toronto had the first in Canada in 
1998, followed by Vancouver in 2001. Last year, the federal 
government made a four-year, $13.3-million commitment to set up drug 
courts in Ottawa, Edmonton, Winnipeg and Regina. Regina DTC will cost 
$1.1 million annually, with Ottawa picking up 40 per cent under an 
agreement that's in place until 2009.

There should be no shortage of suitable candidates. A 2003 study 
suggested about 76 per cent of offenders in Saskatchewan's justice 
system have an addiction.

Rude said the plan is to work with about 30 offenders during the 
first year. Prosecutors screen potential participants. To qualify, a 
drug-addicted accused must reside in Regina, plead guilty to their 
crimes (which can be drug or Criminal Code offences) and not pose a 
risk to public safety. Those charged with violent crimes, sexual 
assaults, family violence, offences involving children or youth and 
commercial drug trafficking need not apply. Alcohol can be part of 
the addiction, but not exclusively.

Regina defence lawyer Barry Nychuk believes DTC has merit. In the 
last few years, he's seen a growing number of clients turning to 
crime to support a cocaine habit, as the drug becomes more affordable 
on Regina's streets.

"They're not really criminals. They're desperate people who need 
money to fund a habit," he said. "You deal with the root cause of the 
crime, which is desperation to obtain money for their addiction. If 
you deal with the addiction, you should deal with the crime."

Sentencing is delayed for a year to see how the participant fares 
with the demands of the program -- regular court appearances, 
attendance at a day-program treatment centre, counselling, drug 
tests, cultural programming for aboriginal participants and access to 
other programs that might help, such as life-skills and employment 
training. After a month, the offender can opt out or the court can 
decide the person isn't suitable. Those who don't fully comply with 
requirements can face penalties, including jail. Successful 
completion will likely result in a sentence being served in the community.

Relapse is always a possibility with an addiction, but the issue is 
how the person addresses it, said Rude.

Unlike the usual courtroom, the same judge, prosecutor and legal aid 
lawyer is assigned to DTC to provide consistency. Three addictions 
counsellors, a psychiatric nurse, a probation officer, an income 
support worker, a community and cultural liaison and administrative 
staff complete the team.

"You're looking at having a relationship that allows you to get to 
know that person and to be supportive," said Rude.

To critics who might see it as an easy way out, Rude begs to differ.

"That person will be expected to work. . . . The ones who aren't 
working the program are going to get pretty short shrift from the judge."
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MAP posted-by: Elaine