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Transporting Therapeutic Approaches to the Criminal Justice System

Transporting Therapeutic Approaches to the Criminal Justice System. “A STAR TREK VOYAGE” Chief Judge Pamela Williams Nova Scotia Provincial & Family Courts. Problem-Solving. Non-adversarial Team approach to court processes Broadens the focus beyond simply applying the law

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Transporting Therapeutic Approaches to the Criminal Justice System

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  1. Transporting Therapeutic Approaches to the Criminal Justice System “A STAR TREK VOYAGE” Chief Judge Pamela Williams Nova Scotia Provincial & Family Courts

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

  3. Vulcan Mind-Meld

  4. 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

  5. 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

  6. Traditional v. Problem-Solving • Formal • Efficient • Success is measured by compliance • Informal • Effective • Success is measured by remediation of underlying problem

  7. Transporting Matters

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

  9. 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

  10. 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

  11. The Nova Scotia Experience

  12. Halifax Region

  13. Cape Breton Region

  14. Northern Region

  15. Western Region

  16. 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

  17. 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

  18. Mental Health Court Team

  19. 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

  20. Western Region • Court Monitored Drug Treatment Program • Kentville sittings – every 2nd week • Pilot with minor federal funding – est. 2014 • Collaboration with OTP • Mental Health Diversion Program – est. 2014 • Unfunded – collaborative sharing of resources • Community Mental Health driven

  21. Northern Region • Port Hawkesbury Wellness Court • Est. 2012 – Participants 12-15 • Sits every 3 months • Unfunded • Judge Driven

  22. Wish List – New Frontiers

  23. 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

  24. Problem-Solving Tools in the Courtroom

  25. GREAT BIG C’S • COMMUNICATION • COLLABORATION • CREATIVITY • SUPPORT AND SUPERVISION

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

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

  28. 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

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

  30. 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

  31. GO BOLDLY WHERE NO ONE HAS GONE BEFORE

  32. THE END

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