Winnipeg’s Mental Health Court A Prosecutions Perspective

The Need for Counsel Complicated Waiver Form Weekly Chambers Meetings

The Crown Approval Process  Overriding concern is always public safety Criteria for Admission: Axis 1 Mental Disorder Cannot be Unfit or NCR on current charges Cannot have failed to complete MHC previously Must be a nexus between mental disorder and offence Cannot have a record for serious violence Must be willing to accept strict MHC bail terms and follow rules Certain offences will not be considered absent exceptional circumstances Accused cannot be a gang member

Restricted Offences (note that no offence is absolutely barred—exceptions can be made in exceptional circumstance) Any offence causing death or serious injury All Criminal Code driving offences Offences involving firearms Criminal organization offences Kidnapping Offences involving a child victim (including child pornography) Sexual offences Home invasions Specific hate offences Perjury Offences motivated solely by profit

Overview of Application Process Client fills out forms with help from Counsel Forms submitted to Crown; Memo prepared & Crown Vetting Committee Considers case (2 -3 days) If Crown Approves, Memo prepared and submitted to FACT Team FACT Team conducts initial assessment (2 weeks) If accepted, FACT Team prepares Risk/Needs Assessment (4 weeks) Client makes first appearance in MHC; has 30 days to withdraw without penalty

Track Status Track One: Accused’s charges are stayed upon successful completion of the Program Track Two: Accused will receive a community based sentence upon successful completion of Program

MHC Bail Terms Police Generated Breaches : Offer to stay if Acc reaches FACT Team goal Internally Generated Breaches : No charge—Judge imposes consequences ranging from stern lecture to community service hours to several days in jail Common MHC Bail Terms : Reside as directed Weekly Court appearances Report to psychiatrist and accept treatment Report to FACT Team worker as directed Take medication as directed including medication supervision Abstain alcohol/drugs/intoxicants Submit to urine/drug screens Counselling, programming, treatment as directed Peer support, pro-social, leisure or volunteer programs Seek employment or upgrade education Terms crafted with particular offence(s) charged in mind (ex. NCC terms in assault cases or NTA certain merchants in shoplifting cases)

Substance Abuse Approximately 20% of Canadians suffering from a mental illness also have a co-occurring addiction (Journal of Psychiatry, December 2008) Approximately 55% of Canadian young adults suffering from a mental illness also have a co-occurring addiction (Centre for Addiction and Mental Health, December 2008) Co-occurring disorders within the context of the criminal justice system are largely understudied but in 2005, the Colorado Department of Corrections reported that ¾ of the prisoners suffering from a mental disorder also had an addiction. Most of the participants in the Winnipeg MHC Program struggle with some degree of substance abuse. The FACT Team has been able to effectively deal with these issues. The WDTC is more focused on addiction but are not equipped to deal with serious mental health issues.

MHC Program Numbers Program started on May 10, 2012 Only 3 people have left the program to date 32 people currently in program (several outstanding applications being processed) Capacity for Program: participants First Program Participant scheduled to graduate on November 7 th, 2013