Pubdate: Tue, 03 Oct 2006
Source: Regina Leader-Post (CN SN)
Copyright: 2006 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Barb Pacholik, Leader-Post

TREATMENT MANDATE OF NEW LOCAL COURT

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 aimed at drug-addicted, 
non-violent offenders.

The notion is that a mix of court and intensive counselling backed up 
by monitoring and drug tests might better 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 
in an interview Monday.

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 here. Regina DTC will cost 
$1.1 million annually, with Ottawa picking up 40 per cent under an 
agreement in place until 2009.

There should be no shortage of 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 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 in Regina.

"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 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 like 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 served in the community.

Unlike the usual courtroom, the same judge, prosecutor and legal aid 
lawyer are assigned to DTC to provide consistency. Three addictions 
counsellors, a psychiatric nurse, probation officer, income support 
worker, 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," she said.
- ---
MAP posted-by: Elaine