Law Times

September 21, 2015

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LaW TIMeS • SePTeMBeR 21, 2015 Page 5 www.lawtimesnews.com impact on the court's services. "From our point of view, we have stretched our community partnerships as much as pos- sible; we cannot see ourselves operating the way we have been with this drastic change in re- sources," she says. "The funding reduction came in April, so we're still trying to figure out exactly what this [re- duction] will mean for the future, but we can say it means we will likely have to reduce the number of clients we serve." She adds that with a previ- ous decade-long funding freeze, the court had already had to cut staff by about 25 per cent even as "the demands have increased exponentially." "We've created efficiencies wherever we can; we've formed partnerships but we're left now at the point where we can't cut anymore without affecting how many clients we can help," says Cuff, noting the situation is sim- ilar for the country's five other main drug treatment courts. Cuff says that at any given time, about 60 people are in the To- ronto program and demands for spaces far exceed that. Drug treatment courts first arrived in Canada in Toronto in late 1998 based on a model used in the United States. At the time, justice Paul Bentley had noticed the same offenders were repeat- edly appearing in front of him and wanted to research an alter- native way to deal with their un- derlying addiction issues as a way to break the cycle. Vancouver fol- lowed suit with a court in 2001, followed by Edmonton, Winni- peg, Ottawa, and Regina in 2005. Other communities in Ontario, such as Hamilton, Ont., also have drug treatment courts that don't receive federal funding. The courts offer an alternative to the traditional court system for non-violent offenders who often are dealing with drug addiction, mental-health, and poverty issues. Offenders must apply and take part in the program for a mini- mum of 12 months up to about 18 months and must otherwise be facing a non-violent drug-related offence, such as possession, or crimes motivated by their addic- tion, such as prostitution. Part of the acceptance into the program is to plead guilty and then embark on an intense schedule of weekly court appearances, individual and group counselling, drug testing, addiction treatment, and various health programs. Ontario Court Justice Mary Hogan, who has been part of the Toronto drug treatment court in some capacity almost since its in- ception, says the courts combine health and justice services in or- der to help offenders with their is- sues rather than just dealing with a charge and sending them to jail. Hogan says the clients are of- ten repeat offenders caught in a "revolving door" fuelled by drug addiction and notes that drug treatment courts offer a way to break the cycle. She says recent changes to funding for the system are leaving many people without the assistance they need. "The only appropriate man- ner to deal with these clients, when the root of their problem lies in addiction, is to deal with that addiction, not send them to jail where they may not get any help they need," says Hogan. "It's about looking at all the supports they need and so much of it is helping with finding dig- nity. Addiction is a health is- sue; it is not a criminal justice issue, so we need these courts who work closely with those in the health system, and I feel like we're doing something that is re- ally addressing the problem." Besides helping clients deal with their addictions, the courts provide social support, such as employment skills and help to find housing. "It's top-quality counselling; it's about looking at all the supports they need to break the cycle," says Hogan. "Many of our clients have none of the supports most us have: family, proper employ- ment, even housing. Putting these people through traditional court, you see the futility of it and see the revolving door where they serve their time and go right back [to their addictions]." Criminal lawyer and Hicks Adams LLP associate Kristin Bai- ley calls the drug treatment court system "a fantastic alternative." "For people with substance abuse issues, there's nothing else that compares in the justice sys- tem," she says. "The alternative is jail, and you'll only see the revolving door of drug offences; as a society we're otherwise warehousing them in jail and not helping them. They will likely repeat without deal- ing with the cause of their ad- dictions. I don't understand why anyone would cut funding. You're actually saving money and you're helping people, so it's ideal." According to Cuff, the costs of jailing people can be up to $52,000 per year, a number that compares to about $5,000 for someone to successfully complete the drug treatment court program. "If this trend continues, we are going to see more people stuck in that re- volving door and more people go- ing to jail," says Cuff. "It is a health - care issue and they simply won't have access to the help they need." Hogan notes that in talking to her peers in the drug treat- ment court system across the country, all are feeling the same financial pinch. "It has to be properly and adequately funded to be successful," she says. "So now, not only has the budget not been increased for 10 years, it's now been cut. We have excellent people doing an excel- lent job, but that is getting harder to do. At the end of the day, it's also cost effective. The money you spend up front drastically saves resources down the line." LT NEWS CANADIAN LAW LIST 2015 KEEPING PACE WITH THE CHANGING LEGAL COMMUNITY FOR OVER 130 YEARS This is more than a phone book. It is your instant connection to Canada's legal network. With Canadian Law List 2015 you have access to: ȕ an up-to-date alphabetical listing of more than 86,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges across Canada ȕ all contact information supplied for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown Corporations ȕ legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid and other important law-related offices THE LATEST CONTACT INFORMATION IN A USER-FRIENDLY FORMAT THAT IS BEYOND TRADITIONAL LISTINGS Continually updated by a dedicated team of professionals, Canadian Law List includes value added features such as: ȕ last name first identification in the federal and provincial listings ȕ separate section of corporate law departments for more than 1,300 companies ȕ professional cards of prominent Canadian law firms ȕ International Agency Referral Cards AREAS OF PRACTICE AND ENHANCED LISTING INDEX The enhanced listing index is displayed in bold type with detailed practice information. It also: ȕ lists firms and lawyers that have expanded their practice information in their provincial listing ȕ is organized by areas of practice by province, city and page reference in their provincial listings )BSECPVOEȕ1VCMJTIFE'FCSVBSZ FBDIZFBSȕ- ȕOOTVCTDSJQUJPO ȕOOFUJNFQVSDIBTF MVMUJQMFDPQZEJTDPVOUTBWBJMBCMF 1MVTTIJQQJOHIBOEMJOH BOEBQQMJDBCMFUBYFT ORDER YOUR COPY TODAY! Call 1.800.387.5164 or visit www.carswell.com Untitled-3 1 2015-09-16 2:14 PM Government spreading drug court funding across Canada Check out our comment pages as Ian Harvey brings you the latest on legal developments at Queen's Park every other week Continued from page 1

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