Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal...

Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

TRANSPORTING THERAPEUTIC APPROACHES TO THE CRIMINAL JUSTICE SYSTEM

“A STAR TREK VOYAGE”

Chief Judge Pamela WilliamsNova Scotia Provincial & Family Courts

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Problem-Solving• Non-adversarial • Team approach to court processes• Broadens the focus beyond simply applying the law• Considers outcomes for:

OffenderVictimCommunity

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Vulcan Mind-Meld

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Traditional v. Problem-Solving Approach

Traditional • Goal – resolution of dispute

• Focus – Legal Outcome

• Adversarial Process• Case-oriented• Rights-based• Emphasizes adjudication

Problem-Solving• Goal – resolution of underlying problem

• Focus – Therapeutic • Collaborative Process• People-oriented• Interest-Needs-based• Emphasizes post-adjudication, ADR

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Traditional v. Problem-Solving

• Judge as arbiter• Lawyer as adversary• Backward-looking• Precedent-based• Few participants and stakeholders

• Individualistic• Legalistic

• Judge as coach• Lawyer as problem-solver

• Forward-looking• Planning-based• Many participants and stakeholders

• Interdependent• Commonsensical

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Traditional v. Problem-Solving

• Formal• Efficient

• Success is measured by compliance

• Informal• Effective

• Success is measured by remediation of underlying problem

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Transporting Matters

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Types of Matters for Transport• Mental Health• Drug Treatment• Concurrent Disorders• Aboriginal • Domestic Violence• Community

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Transport Where?

Problem-Solving Courts

• Often gov’t funded• In centralized areas• Vulnerable to budget cut-backs

• Specialized Personnel• Great if you can get one

Problem-Solving Programs

• Capital Infrastructure not necessary

• Can set up a program within a traditional court

• Seek out champions• Great option

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Transport Myths• Problem-solving courts and approached can only be used

in larger centres due to resource demands• Problem-solving techniques can only be used in problem-

solving courts

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The Nova Scotia Experience

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Halifax Region

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Cape Breton Region

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Northern Region

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Western Region

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Demographics• Population Total : 941,000• Halifax Region: > 550,000• Cape Breton Region: > 100,000• Northern Region: > 100,000• Western Region: > 100,000• Trend – rural to urban shift• Declining and aging population

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Specialty Courts/Programs• Halifax Region• Dedicated Youth Justice Court• Mental Health Court – provincially funded• Est. 2009 – 50 Participants - Weekly• Court Monitored Drug Treatment Program – unfunded –

sharing of resources – Max. 6 participants – est. 2013

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Mental Health Court Team

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Cape Breton Region• Domestic Violence Program – est. 2012• Provincially funded• All 4 judges preside over court proceedings• Sittings – once weekly – 60 Participants• 80 % men• Mental health, addictions components

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Western Region• Court Monitored Drug Treatment Program

Kentville sittings – every 2nd weekPilot with minor federal funding – est. 2014Collaboration with OTP

• Mental Health Diversion Program – est. 2014Unfunded – collaborative sharing of resourcesCommunity Mental Health driven

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Northern Region• Port Hawkesbury Wellness Court

Est. 2012 – Participants 12-15Sits every 3 monthsUnfundedJudge Driven

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Wish List – New Frontiers

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Diversion Programs/Approaches• Diversion Programs in each region of NS• Mental Health, Drug Treatment • Concurrent Disorders, Domestic Violence• Therapeutic/Problem-Solving Techniques applied in

appropriate cases in the traditional criminal court setting

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Problem-Solving Tools in the Courtroom

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GREAT BIG C’S• COMMUNICATION• COLLABORATION• CREATIVITY

• SUPPORT AND SUPERVISION

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COMMUNICATION• Respect• Empathy• Encourage Direct Engagement• Plain Language• Active Listening• Gathering And Sharing Of Information

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COLLABORATION• Community Outreach• Service Providers And Supports• Case Conferencing• Multi-disciplinary Approach• Training And Education

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CREATIVITY• Identify needs and respond to those needs• Motivate behavioural change• Rewards and Sanctions• Craft Support Plans with accountability and rehabilitative

aspects• Use of restorative justice• Give victims a voice

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Support and Supervision• Time intensive Process – 12-24 months• Status check court appearances• Regular monitoring pre or post sentence• Involve community in supervision

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CAUTIONS• Voluntary participation• If s. 720(2) CC or s. 10(4) CDSA – AG consent required• Redefine success• Create a flexible framework for legal and clinical criteria• Assess and Manage Risk• Evaluate Court/Program/Approach

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GO BOLDLY WHERE NO ONE HAS GONE BEFORE

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THE END


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Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal...

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