Drug treatment court of Vancouver

Drug treatment court of Vancouver

The Drug Treatment Court of Vancouver (DTCV) provides an alternative court process for individuals with substance abuse issues who commit criminal offences. 

Goals

DTCV was created, in part, as a response to issues caused by the illegal drug trade. It is intended to address the underlying substance abuse issues that result in some street crime, in order to reduce criminal offending. 

DTCV's goals are to: 

  • Have a participant achieve and maintain abstinence from illegal drugs 

  • Improve a participant’s physical, emotional and mental well-being 

  • Improve a participant’s housing, life skills, employment and education 

These concrete steps serve to achieve the overall goal of enhancing public safety by reducing or eliminating future criminal offences.  

Approach

The DTCV uses a therapeutic, problem-solving approach to sentence people who commit offences to support their addiction to drugs. This approach involves collaboration among judges, Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p>, defence lawyers, Community Corrections and health and social service agencies to help offenders (participants) overcome substance abuse and reduce the harms caused by addiction. 

An accused person who applies to DTCV is screened by experienced DTCV Crown counsel to determine if the applicant is eligible for the program. If eligible, the participant enters the program by pleading guilty<p><span lang="EN-US">When a person admits (pleads guilty) or is found by the judge or judicial justice (found guilty) to have committed the crimes they are charged with.</span><span>&nbsp;</span></p> to the offence(s) charged. 

The participant will be under strict bail<p><span lang="EN-US">An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”.</span><span>&nbsp;</span></p> conditions. This includes reporting to court on a regular basis, random urine testing to ensure compliance and taking part in an intensive treatment program through the Drug Court Treatment and Resource Centre (DCTRC).   

This four-phase day treatment program is offered Monday through Friday by an integrated team of probation<p><span lang="EN-US">Being supervised in the community and following certain rules (conditions) as part of a sentence.</span><span>&nbsp;</span></p> officers, addiction counsellors, physicians, health care workers and an employment assistance worker. They offer a broad range of services to address participants’ complex needs. This may include addictions treatment, health care, psychiatric care, housing, financial assistance, life skills training, education and leisure activities. 

Regularly scheduled court appearances are a key part of DTCV. The DTCV judge hears progress reports and gives participants incentives for progress (like praise from the judge or applause from everyone in court) and penalties for failures to obey their bail order (like warnings by the judge, essays, time in jail or removal from the program). 

A participant graduates from DTCV if they meet all of these requirements: 

  • They have not used illegal drugs for at least three consecutive months immediately before graduation 

  • They have engaged in secure employment, training, or volunteering for a period of time 

  • They live in stable housing  

  • They have not been charged with a new offence in the six months immediately before graduation 

A graduate receives a certificate and is sentenced to a non-custodial sentence<p><span lang="EN-US">A sentence served by an offender somewhere other than at correctional facility. For example, an offender may be given probation and serve their time in the community with supervision.</span><span>&nbsp;</span></p> in a graduation ceremony held in open court and celebrated with other DTCV participants and team members. 

If a participant does not complete DTCV

In some instances, if a participant withdraws or is discharged within the first 90 days of their entry into the program, they may be eligible to strike their guilty plea<p><span lang="EN-US">The statement an accused person makes in court when asked if they are guilty or not guilty of committing a&nbsp; crime.</span><span>&nbsp;</span></p> and return to the regular court system. This will be a Crown counsel decision. This is not available for files waived from jurisdictions outside of Vancouver. In most instances, however, once a participant withdraws or is discharged, they proceed to sentencing before the DTCV judge. The sentence will be adjusted to reflect the time and effort that was put into the program prior to the withdrawal or discharge<p><span lang="EN-US">When a person is found guilty or pleads guilty, but the judge decides that a conviction and criminal record are not necessary. A discharge may be absolute (with no conditions) or conditional (with rules imposed in a probation order).&nbsp;</span><span>&nbsp;</span></p>. 

Community partners

Probation officers, addiction counsellors, doctors, health care workers and an employment assistance worker treat DTCV participants through the Drug Court Treatment and Resource Centre. 

Community partnerships change over time depending on participants’ needs and programs’ availability. Other partners currently include or have included: 

  • Indigenous-led programs 

  • Employment programs like WorkBC 

  • Art therapy and other programs created by counselling students 

  • The UBC Faculty of Dentistry  

  • Connective  

Eligibility

In order to qualify for the program, an accused person must: 

  • Be a Canadian resident 

  • Be addicted to a controlled substance and be committing offences to satisfy their drug addiction 

  • Apply to plead guilty in DTCV and commit to a minimum of number of months of treatment   

Participation in DTCV requires regular in-person appearances and therefore requires relocation to the Vancouver area if the participant does not already live there. For criminal files outside of the Vancouver area, a regular waiver is used to bring the file to the court location at 222 Main Street, Vancouver. The DTCV Crown counsel can assist with this process. If the participant does not have or is unable to obtain housing that meets the program’s requirements, the DTCV treatment team will arrange housing once they are admitted.   

Whether an individual is accepted into DTCV is a Crown counsel decision. Referrals may be submitted by defence counsel<p><span lang="EN-US">The lawyer(s) representing an accused person (a person charged with committing a crime).</span><span>&nbsp;</span></p>, the Crown, or any other source, and all referrals can be sent to dtcvcrown@ppsc-sppc.gc.ca. Referrals are considered on a case-by-case basis. 

The Crown screening process takes approximately two to three weeks, as it includes consultation with police and the DTCV treatment team.  This process is faster if the accused is in custody. However, an individual will likely not be a good candidate to participate in DTCV if, for example: 

  • They present a public safety risk 

  • They are on an active conditional sentence<p><span lang="EN-US">A jail sentence served in the community. The offender does not live in jail but is supervised by BC Community Corrections. They must follow certain rules (conditions).</span><span>&nbsp;</span></p> order 

  • They are not a Canadian resident and their prosecution may result in the Canadian Border Service Agency initiating removal processes 

  • They were a former DTCV participant within the preceding year 

  • Admittance into DTCV would bring the administration of justice into disrepute 

Results

In 2011, Dr. Julian Somers of the Faculty of Health Sciences at Simon Fraser University conducted an evaluation of DTCV. His analysis showed that DTCV participants’ drug-related return to criminal behaviour was reduced by 56% over a two-year period. Their overall criminal re-offending was lowered by 35%, even though at least 50% of the participants were considered to be at “severe” risk to re-offend. 

In April 2012, the DTCV received a Premier’s Innovation and Excellence Award in recognition of the excellent collaborative work of its multiple teams. The teams supporting participants provide a “wrap-around care model” helping participants access financial support and find housing. They work closely with the court team.