Government of Canada Announces New Drug Treatment Courts

In June, Minister of Justice and Attorney General of Canada, Irwin Cotler, and Minister of Health, Ujjal Dosanjh, announced funding for the establishment of four new Drug Treatment Courts in Edmonton , Regina , Winnipeg and Ottawa . As part of Canada’s Drug Strategy, the Government of Canada will also continue funding for existing courts in Toronto and Vancouver, both of which have shown promise in reducing addiction and repeat offences in those areas.

Drug Treatment Courts are an intensive, court-monitored alternative to incarceration. Participants follow a structured program of treatment and community service support to reduce their dependence on illegal drugs. By helping non-violent offenders overcome their addictions and improve their social stability, the program reduces the criminal behaviour associated with substance abuse.

As part of the renewal of Canada’s Drug Strategy, the federal government made a commitment to expand the use of Drug Treatment Courts in Canada. A Call for Funding Proposals was issued in December 2004. Each proposal underwent a comprehensive assessment based on objective criteria, including the demonstrated need in that community for a new court. This new announcement will result in $13.3 million going to Drug Treatment Courts over the next four years.

Funding agreements are being finalized for each of the successful proposals from Edmonton, Regina, Winnipeg and Ottawa, with each new court expected to begin operations in the coming months.

All funding recipients will be required to report annually on the results of their activities, and to support the collection of information and data on the effectiveness of Drug Treatment Courts. This work will assist the Government in promoting best practices and in continuing to refine approaches in this area.

All Drug Treatment Courts involve a broad range of partners and stakeholders from multiple levels of government and who represent the justice system, the police, drug treatment programs and community groups. Partners work together to help offenders overcome their addictions and find safe housing and stable employment.

Drug Treatment Court Funding Program Overview

Overview
The Drug Treatment Court Funding Program is one component of Canada's Drug Strategy (CDS) Renewed, a federally coordinated initiative that takes a balanced approach to reducing the demand for, and supply of, drugs. The Programs Branch of the Department of Justice, in partnership with the Drug Strategy and Controlled Substances Program at the Department of Health, is responsible for the overall management of the Drug Treatment Court (DTC) Funding Program.

DTCs represent a concerted effort to break the cycle of drug use and criminal recidivism. They focus on facilitating treatment for drug-involved offenders who meet specified criteria and provide an alternative to incarceration by offering an opportunity to complete a drug treatment program. These special courts take a comprehensive approach intended to reduce the number of crimes committed to support drug dependence through judicial supervision, comprehensive substance abuse treatment, random and frequent drug testing, incentives and sanctions, clinical case management, and social services support. They are aimed at reducing the harm people cause to themselves and to others through their drug use, as well as reducing the risk that these individuals will continue to use drugs and thereby come into conflict with the law.

There are currently two DTCs (Toronto and Vancouver) operating in Canada. Both courts were established as pilot demonstration projects with funding from the Department of Justice's National Crime Prevention Strategy. These two models can inform the development of other DTCs, however, any new courts will need to develop a model that is tailored to meet their own needs and realities.

The objectives of the DTC Funding Program are as follows:

• To promote and strengthen the use of alternatives to incarceration with a particular focus on youth, Aboriginal men and women and street prostitutes;
• To build knowledge and awareness among criminal justice, health and social service practitioners, and the general public about drug treatment courts; and
• To collect information and data on the effectiveness of DTCs in order to promote best practices and the continuing refinement of approaches.

Who is eligible?
The DTC Funding Program will be available to national, provincial, municipal, Aboriginal, community-based or professional organizations, societies and associations which have voluntarily associated themselves for a non-profit purpose, and which has a mandate to represent or serve their membership or communities. Provincial, territorial, municipal and regional governments, institutions or agencies are also eligible.

Backgrounder

Expanding Drug Treatment Courts in Canada
As part of its commitment under Canada’s Drug Strategy to expand Drug Treatment Courts in Canada, the federal government is providing funding of more than $13.3 million over four years to help establish new courts in Edmonton, Regina, Winnipeg and Ottawa. Existing operations in Toronto and Vancouver will also continue to receive Government of Canada funding.

Funding is provided through the Drug Treatment Court Funding Program, managed by the Department of Justice Canada, in partnership with Health Canada. The goal of drug treatment courts is to reduce the social and economic costs of illicit substance abuse through an innovative federal/provincial/territorial partnership involving the criminal justice system, drug addiction treatment services and social service agencies.

Understanding the Guiding Principles
Drug Treatment Courts aim to reduce crime committed as a result of drug dependency through court-monitored treatment and community service support for offenders with drug addictions.

Drug Treatment Courts also aim to reduce the burden of substance abuse on the Canadian economy, which has been estimated at $9 billion annually for areas including law enforcement, prosecution and incarceration.

As part of their structured outpatient program, Drug Treatment Court participants attend both individual and group counselling sessions, receive appropriate medical attention (such as methadone treatment) and are subject to random drug tests.

Participants must also appear regularly in court, where a judge reviews their progress and can then either impose sanctions (ranging from verbal reprimands to expulsion from the program) or provide rewards (ranging from verbal commendations to a reduction in court appearances).

Drug Treatment Court staff work with community partners to address participants’ other needs, such as safe housing, stable employment and job training. Once a participant gains this social stability and can demonstrate control over the addiction, criminal charges are either stayed (meaning a judgement is suspended or postponed) or the offender receives a non-custodial sentence (meaning restrictions other than jail, including house arrest). If unsuccessful, an offender will be sentenced as part of the regular court process.

Recognizing Achievements to Date
Canada’s first Drug Treatment Court was established in Toronto in December 1998. A subsequent court was established in Vancouver in December 2001, both of which have shown promise in reducing addiction and repeat offences in those areas. An evaluation concluded that the Toronto Court had clearly benefited from strong collaboration among partners, in administering a unique treatment program that helps addicts break the cycle of drug use, criminal behaviour and jail. Evaluation of the Vancouver court also recognized the successful implementation there, particularly given the complex coordination and cooperation of various partners.

There are well over a thousand drug treatment courts in the United States where follow-up studies indicate that only a very marginal percentage of program graduates re-offend.

Providing New Funding
As part of the renewal of Canada’s Drug Strategy, the federal government made a commitment to expand the use of Drug Treatment Courts in Canada. A Call for Funding Proposals was issued in December 2004 in order to establish at least three new courts, each funded up to a maximum of $750K per year for an initial period of up to four years. Each proposal received was subjected to a comprehensive assessment based on objective criteria, including the demonstrated need in that community for a new court. The proposal review committee included officials from the Department of Justice Canada, Health Canada and the Canadian Centre for Substance Abuse. Decisions were further informed by a detailed and independent review of the proposals, carried out by treatment experts with experience in the field of addictions.

Funding agreements are being finalized for each of the successful proposals from Edmonton, Regina, Winnipeg and Ottawa, with each new court expected to begin operations in the coming months.

In addition to this investment in new Drug Treatment Courts, the Government will continue funding existing courts in Toronto and Vancouver.  

Building a Community of Practice
One of the objectives of the DTC Funding Program is to collect information and data on the effectiveness of drug treatment courts in order to promote best practices and the continuing refinement of approaches. Each of the funding recipients will be required to report annually on the results of their activities. These results will be used to support annual reports to Parliament and the Canadian public and to inform others who may want to establish drug treatment courts in their communities. They will also help ensure that best practices and standards are consistent across the various jurisdictions, while supporting the individual needs of communities where the courts are located.