Pubdate: Fri, 10 Jan 2014
Source: Sun Times, The (Owen Sound, CN ON)
Copyright: 2014 Owen Sound Sun Times
Contact: http://www.owensoundsuntimes.com/letters
Website: http://www.owensoundsuntimes.com/
Details: http://www.mapinc.org/media/1544
Author: Scott Dunn

CROWN NOTES OWN ADDICTION, MAN'S SENTENCE SUSPENDED

Treatment preferred to jail

Talk of jailing a drug-addicted man took an unexpected turn when a
substitute federal Crown handling the case said he himself is an
alcoholic and expressed doubt that sending the man to jail was
appropriate "with his illness."

Scott Weiler, 25, of 537 8th St. E., Owen Sound, pleaded guilty in the
Ontario Court of Justice Thursday to breaching probation by failing to
pay restitution between July 6 and Aug. 5 and for possession of
morphine Oct. 1 in Owen Sound. There was a joint position on sentence
arrived at during a pretrial, which called for a 60-day jail sentence
for the drug possession.

But federal Crown attorney David O'Connor, who shares Crown duties
with two others covering Owen Sound and Walkerton courts, wasn't part
of those discussions. While he acknowledged he probably shouldn't take
a different position, presented an alternative view.

O'Connor told the court he continues to attend Alcoholics Anonymous
meetings after 28 years of sobriety. He's been a lawyer for 40 years,
he noted. He called himself an addict said addiction is a terrible
thing for the individual, the family and for society.

He said the good news was Weiler seemed to want to do something about
his problem and then O'Connor lamented the absence of a drug court in
Grey County. If Weiler attended one and completed a treatment program,
Weiler wouldn't be going to jail, he said.

Justice Julia Morneau told him there's no formal drug court here, but
a modified program is in the works.

O'Connor referred to Weiler having an "illness" and questioned whether
someone who's found with "traces" of morphine on a spoon and in a
syringe should go to jail. There were no allegations of
trafficking.

O'Connor suggested if Weiler could get into treatment he might be
better served than if he were sent to jail and "we'd all be better
off."

Defence lawyer Mary Hewitt told Morneau she felt bound to the joint
submission but invited the judge to consider O'Connor's suggestion
that Weiler get probation on the drug charge to help his
rehabilitation. She filed a letter from the Canadian Mental Health
Association about Weiler.

Morneau questioned Weiler and learned he attended New Directions, a
drug counselling program in Owen Sound, but didn't pursue residential
treatment because "they kind of figured I was going to jail," he told
her. Such programs won't accept people until after their charges are
dealt with, Hewitt said after court.

Morneau said based on all the evidence and in light of O'Connor's
experience, she suspended Weiler's sentence and placed him on
probation for one year with counselling, no-alcohol and no
unprescribed drug terms. She noted his underlying mental health and
substance abuse issues need to be dealt with. But Morneau imposed 30
days jail recommended by defence and the provincial Crown for the
probation breach.

Hewitt said in an interview that there's been talk of establishing a
drug court in Grey County for years. "It's recognizing addiction is an
illness and it shouldn't be treated with custody in jail."

After court O'Connor said in an interview that in Toronto's drug
court, those who qualify first plead guilty and are released on bail
on conditions including that they follow treatment requirements. If
they do they avoid more severe sentences like jail and instead may
receive a suspended sentence and probation.

He said people with addiction problems who steal to feed their habit,
for example, would typically qualify for this alternative court. If
violence or trafficking is involved the offender is less likely to be
accepted into the program.

Those accepted must undergo urine tests to ensure they're abstaining
as required and they have to report back to court perhaps weekly at
first, then monthly to update their progress, O'Connor said. There is
help available from social workers and others to get people into
treatment and housing as needed.

The same judge runs the specialized court one week to the next and the
feel of the court is less formal, O'Connor said.

"What happens is every so often there is a graduation," he said.
"They'll say 'Mr. Smith, congratulations you no longer have to come
back here. You've graduate. You've finished.' And everybody claps.
It's like an AA meeting," O'Connor said.

"It's a form of dealing with people that are addicted that rather than
send them to jail, we get them in recovery so they don't continue to (
go through) the revolving door of jail, getting out, getting drugs and
committing crimes to support their habit."

In another surprise turn, O'Connor was kidded in court that the
federal Crown attorney who worked out the joint submission calling for
jail is Owen Sound lawyer Elizabeth Barefoot, O'Connor's own niece.
Barefoot, O'Connor and his wife Brenda Lawson are lawyers in private
practice hired as agents of the Public Prosecution Service of Canada
to represent the federal Crown in Grey-Bruce.
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