drug treatment courts : the canadian experience

Justice Kofi Barnes Kofi.barnes@scj-csj.ca

04/22/23

Drug addicted offenders are caught in the revolving door of drug use/addiction and criminal behavior to support a drug habit.

Create a strong partnership between legal case processing and substance abuse treatment - establish a Drug Treatment Court (DTC)

December 1998 Bentley J and Barnes K, began Canada's first DTC

As of January 2011, there are 13 DTCs in Canada.

6 DTCs have dedicated program funding: Vancouver, Toronto, Ottawa, Regina, Edmonton and Winnipeg

Dedicated funding means there is special funding specifically for the DTC program.

There are seven DTCs without dedicated program funding: Oshawa (Durham), London, Calgary , Moose Jaw, Kitchener, Windsor, Metro West Toronto (Youth)

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No dedicated funding means that no special funding is allocated to the DTC program and existing resources are reallocated to establish the DTC

A major drawback, of non funded programs, is the inability to serve as many eligible participants as DTCs with dedicated funding.

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Many non funded programs have a maximum program capacity of between 5 to 10 participants

Funded programs range from 30 to 100 participants

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A western Canadian DTC tracked participants for up to 18 months after graduation; over half had remained entirely crime free.

Providing criminogenic treatment in DTC helps clients change their criminal thinking patterns and can reduce recidivism by 70%.

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When a comparison was made between one DTC’s participants and court-involved clients of a residential treatment program, 100% of the DTC participants were abstinent at follow-up compared to only 64% of those who had received addiction treatment, without the other supports and supervision of DTC

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One DTC reports frequency of drug use declining from an average of 28.5 days per month to only 0.8 days per month during participation in the program. Another in western Canada found about one-third of DTC participants remained clean and sober for a year or longer in the program.

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A DTC in Ontario found that, in that city alone, DTC resulted in an annual reduction of $3 Million spent on drugs. Criminal activity required to support that drug use (goods stolen and/or drugs trafficked) is estimated at another $9M, for a total savings of approximately $12M.

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Nationwide, for every $1.00 invested in Drug Court, taxpayers save as much as $3.36 in avoided criminal justice costs alone. (American Figures)

When considering other cost offsets such as savings from reduced victimization and healthcare service utilization, studies have shown benefits range up to $12 for every $1 invested. (American Figures)

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DTCs help reunite families. Approximately 50% of DTC participants re-establish a connection with supportive family members after entering the program.

DTCs providing employment/education preparation services show impressive outcomes of up to 75% of participants moving on to educational or employment activities.

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At least 61% of participants enter DTC with acute or chronic health issues. At any given time as many as two-thirds of participants in some DTCs may be Hepatitis C positive. These issues are addressed through: onsite health services located in some DTCs; community health care partnerships; and intensive case management.

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Almost all Canada’s DTCs are adult programs

Only Metro West Toronto accepts youth

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Adults:Non violent offenderaddiction to cocaine, crack cocaine,

opiates, ecstasy/crystal methamphetamine

Alcohol as a subsidiary or accompanying addiction

Youth: (Metro West Toronto)Abuse of illicit drugsAddiction to all illicit drugs

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Low level drug offenceLow level non drug offenceNo or low violenceAddiction must be the primary cause

or a significant contributor to criminal behaviour

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Partners:Addiction Treatment ServicesMental Health Services (Durham and

Metro West Toronto)Legal AidCourt Participant

ProbationMinistry of the Attorney GeneralOffice of Director of Public

ProsecutionsPoliceCommunity Partners e.g. job

training, housing etc.

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No specific legislation for DTCProgram designed to fit in existing

legislative framework – Criminal Code

Program specific rules and expectations encompassed by “Rule and Waiver” Forms and bail conditions

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Pre existing legislation: S. 515- bail s. 720 – for delayed sentencing S732.1(3)(h) – for creative conditions s.732.2(3) – allows for early termination

of probation S742.4(1) and 742.4(5)- for changes to

optional conditions of a conditional sentence order

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Participant must obtain independent legal advice

All applicable legal rights/issues and program expectations and rules contained in Rule and Waiver Form

Participant must sign Rule and Waiver Form

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Post Plea (post adjudication):Guilty plea - sentencing delayedNon custodial sentence imposed

upon completionCommon for both adult and youth

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Pre–Plea (Pre adjudication):Charges withdrawn on completionCommon for youthRare for adults - insufficient interest

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ArrestDrug Treatment Court ApplicationScreening by CrownPreliminary Assessment by

Treatment Provider

Group Assessment (Case conference/Pre trial)

Rule and Waiver Form signed In court interview by JudgeRelease on bail for further

assessment by the treatment provider

Return to CourtEligible persons enter the programAn assessment period to determine

suitability for program (usually 30 days)

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Program duration an average of 12 months

Non custodial sentence is imposed on graduation

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Most Canadian DTC programs utilise non residential treatment programs

Residential programs are utilised when required

Calgary DTC is the exception – primary focus is residential treatment

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HonestyAccountabilityFocus is on compliance with program

requirements

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Immediate abstinence is not expected

A series of “smart” therapeutically based sanctions and incentives are utilized to ensure compliance and positive behavior modification

Abstinence is a requirement for graduation from the program

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A period of complete abstinence from “drug of choice” for example, 4 months.

A period of complete abstinence from other drugs (including alcohol) for example, 1 month.

Some DTCs require abstinence from all illicit drugs

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Stable and appropriate housing.Full time employment or attendance

at school.Appropriate lifestyle changes.

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DTC “graduates ” receive non custodial sentences

The sentences imposed usually include a probation order which incorporates conditions designed to encourage and facilitate participation in After Care programs

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“Substantial compliance”Significantly decreased drug use. Increased social stability.Acquisition of tools that may assist

later in life.

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Will a DTC fit within existing legislation? e.g. Canada

Do you need new legislation? e.g. Australia, Jamaica

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We have learned to avoid net widening

DTC target populations have been narrowed to offenders for whom traditional processes were not effective

Not every offender or offence is suitable.

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We have learned that due to the differences in the cognitive and other development of adolescents versus adults...

Adult and Youth DTC programs must be kept separate and Youth DTC programs must be specifically tailored to address the unique needs of Youth.

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As important as sanctions are in ensuring compliance, incentives are extremely important in efforts to instil behaviours promoting recovery

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We have also learned that successful DTCs do not operate in a vacuum.

Successful DTCs work in collaboration with various community services and agencies to provided specialized treatment

….these specialized services include: drug addiction treatment, psychiatric and medical treatment, job training, housing, employment etc.

It is clear that a holistic rehabilitative approach yields the best long term results

We have learned that to be successful, DTC programs must be flexible and innovative to ensure that their programs continue to address the needs of their targeted populations.

We have also learned that successful DTC programs are designed to obtain the best rehabilitative results without compromising public safety

We have learned that not all DTCs “are created equal”

There are successful DTCs and unsuccessful DTCs

Research indicates that DTCs that adhere to the key principles of DTCs are five times more successful than those who do not

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We have learned that effective adherence to the key DTC principles is an essential perquisite for a successful DTC program

We have learned that these principles should be tailored to address local circumstances and needs

Ongoing training crucial at local, national and international levels

Formed CADTCP – www.cadtc.org

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National and international partnerships and exchange of ideas crucial to success

Sharing and benefitting from expertise of other countries e.g. United States, Canada, Chile, Belgium Australia, NADCP www.nadcp.org ; CADTC cadtc.org; IADTC www.iadtc.com etc.

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Committed to strengthening, developing and expanding the IADTC

Partnerships with international organisations such as CICAD/OAS e.g. this workshop provides us with an opportunity to learn about experiences from Mexico, Chile, Belgium, Canada and the United States just to name a few

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.Sustained funding and optimal

resources is the best outcomeMoney is scarce and some one is

going to want to find out if your program is effective.

Program evaluation is indispensible.

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Importance of assigning team personnel for blocks of time to ensure consistency of approach

Importance of finding suitable personnel

Need for operational manualNeed for succession planning

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Need for team retreats -cross disciplinary training

Strategies to avoid burn out - peer support

Importance of case conferences/pre-court

Importance of your choice of Judge

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We are confronted with a global problem

There are several ideas about how to resolve them

We have learnt that we need an effective communications strategy to send out messages about DTCs effectiveness

This is necessary to maintain the resources DTCs need to be effective

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We have learned that no matter the problem or information you need - someone somewhere has it or has encountered a similar problem and may have a solution

nadcp.org; cadtc.org; iadtc.com; CICAD/OAS etc. are always excellent resources

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The main reason why we persevere with DTCs despite the invariable obstacles and challenges is because when operated properly they work.

“It’s a known fact: if it weren’t for this program, I’d either be locked up for a really long time – and wouldn’t have learned anything – or I’d be in a grave.”

DTC Alumni04/22/23