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| Norman Douglas |
I wish Premier Doug Ford would float his ideas about how to fix the justice system with one of us. We are free of charge, have lots of spare time and are not politically encumbered.
For myself, I think his recognition to do something to ease overcrowding in our jails is laudable. But who is giving him the advice that the solution is more jails? Has he researched WHO is in that crowd? Any sitting criminal court judge will tell you that one of our major problems in the administration of justice is the lack of beds for the mentally ill who commit a crime.
Today, if someone is remanded for an assessment of their mental health, that person may spend months in jail before a hospital bed is available for that assessment. Then, a report from a forensic psychiatrist must be prepared and sent to the court. Then, a hearing must be scheduled for a judge to decide whether the accused is “unfit to stand trial,” or “not criminally responsible on account of mental disorder.”
For those in that sad mental condition, many deteriorate even further as the “wheels” (more like “rims”) of justice roll (grind) on.
And what about the drug addicted? Those of us who have instituted Drug Treatment Courts in our bailiwicks will tell you this: They work. Not all of the time, maybe not even half the time, but they have saved thousands of participants across the province from lives of lying, cheating and crime. And their parents and family a ton of heartache.
If you read my recently published book, You Be the Judge you will see how it works in practice.
The mechanics of this special court are simple enough: If the candidate is facing a sure jail sentence because of a record for property crimes to fuel their addiction (the revolving jail door), they may apply, through their lawyer or legal aid, to join the program. They are released on bail with strict terms.
Our court in Guelph, Ont. (lobbied to me by then Assistant Crown Attorney and now Justice Pam Borghesan) involved a 12-to-18 month commitment to a team of community experts.
1) Submit blood tests twice-weekly to prove abstinence;
2) Attend intensive counseling;
3) Work with the team to find employment and housing;
4) Daily contact with one of the workers;
5) Weekly report in person to me at 9 a.m. drug court with a letter outlining their prior week’s progress.
2) Attend intensive counseling;
3) Work with the team to find employment and housing;
4) Daily contact with one of the workers;
5) Weekly report in person to me at 9 a.m. drug court with a letter outlining their prior week’s progress.
To those who were genuinely trying to climb out of the pit they had jumped into, there was a good chance of success. Most inmates did not apply because it was easier just to do the time. This court took commitment.
But if the candidate successfully completed the program, the court held a “graduation ceremony” in the courtroom. Friends and family and the drug treatment team were all present.
The accused pleaded guilty to the original charges. I sentenced them to “one day in jail, deemed served.” Then I gave them a graduation certificate.
People were invited to come to the bar of the court and speak. Yup, even refreshments were available after the speeches. This was the only time in a courtroom where everybody present was pleased with the sentencing process.
I do not know the exact percentage, but I do know that my daily criminal court docket for the over 27 years I was on the bench would have been drastically reduced if you took out of the equation drugs, alcohol and mental health issues.
Do I believe in sentencing people to jail? Absolutely. No qualms about locking up the violent to protect the rest of us. Unreservedly for the scheming criminal who preys on the vulnerable.
I was SOMETIMES a tough judge, Mr. Premier. Just not ALWAYS.
Yes, by all means ease the overcrowding in our jails. But building more jails is not the answer, in my not so humble view.
Earmark that money:
1) To build more facilities. Hospitals with secure wards and staffed by professional nurses and doctors who are experienced in dealing with the mentally ill; centres staffed by community organizations to assist people to find employment and housing specifically for those who have enrolled in a drug treatment program. These centres could also assist people who are just released from jail. And closely monitor and support those on bail still awaiting trial. That way, the justices of the peace who preside in bail courts would have more alternatives so our jail population would not have to include as many of them;
2) To institute or improve a mandatory training program in every police service in the province to help our frontline heroes deal with the mentally ill and drug addicted;
3) A similar program for all corrections staff in our jails;
4) To institute in every criminal court a drug treatment court option. And a mental health court option.
2) To institute or improve a mandatory training program in every police service in the province to help our frontline heroes deal with the mentally ill and drug addicted;
3) A similar program for all corrections staff in our jails;
4) To institute in every criminal court a drug treatment court option. And a mental health court option.
These are just a few ideas off the top of my head as I write this on the day I saw Premier Ford’s comments. I’m sure my retired colleagues and others could suggest additional ideas.
Norman Douglas is a retired criminal court judge with 27.5 years’ experience on the bench. His book You Be the Judge was published in December.
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