1. MANITOBA
Promising Practices in response to the challenges in the Criminal Justice System
June 2017

2. Division of powers
Any practices by Manitoba, (and other provinces/territories) to address these challenges can not change criminal laws - offences, criminal procedure, sentencing or federal corrections, as only federal government has authority to do so.

3. Intensive Case Assessment Process (ICAP) Manitoba Justice Initiative to Improve the Timeliness and Effectiveness of the Criminal Justice System in Manitoba 3

4. Jordan decision, 2016 The Supreme Court of Canada stated:
137 Real change will require the efforts and coordination of all participants in the criminal justice system.
138 For Crown counsel, this means making reasonable and responsible decisions regarding who to prosecute and for what, delivering on their disclosure obligations promptly with the cooperation of police, creating plans for complex prosecutions, and using court time efficiently. It may also require enhanced Crown discretion for resolving individual cases.
Manitoba Prosecutions Service - Is a main player in the Criminal Justice System, but is only one player.
There is also Courts, defence.
Reminder – In Canada, the Federal Government has control over the laws

5. Intensive Case Assessment Process Unit (ICAP)
Was created in 2015 with the following goals:
Identify serious matters early in the process.
Identify matters for which the criminal justice system is not the appropriate forum and assist in accessing other resources when the matter or individual is better dealt with outside the criminal justice system.

6. ICAP – goals continued...
Enhance respect for the administration of justice by ensuring timely resolution of matters.
Ensure that justice resources devoted to a matter are proportional to the severity of the crime and risk offender represents to society.
Ensure victims are treated respectfully.

7. ICAP Approach
1.) Early Assessment of Files 2.) Increase Use of Alternatives to the Formal Court & Corrections System 3.) Increase the timeliness and efficiency with which cases proceed through the Criminal Justice System

8. 1. Early Assessment of Files
There are two units within Manitoba Justice tasked with prioritizing the early assessment and potential resolution of files.
One unit for domestic violence offences and one unit for most other adult offences.
These units have the mandate to resolve matters both inside and outside the traditional justice system.

9. 2. Increased Use of Alternatives to the Formal Court and Corrections System
Diversion and Restorative Justice
Alternative or Helping Courts
Winnipeg Drug Treatment Court
Mental Heath Court
Community Support Hearings
Diversion – Includes police diversion directly (Thunderwing Project)

10. The Restorative Justice Act
In November, 2015 the Province of Manitoba passed The Restorative Justice Act with the aim of increasing the use of Restorative Justice both within the court process or as an alternative to the formal Criminal Justice System.

11. Defining Restorative Justice
2(1) For purposes of this Act, restorative justice is an approach to addressing unlawful conduct outside the traditional criminal prosecution process that involves one or both of the following: (a) providing an opportunity for the offender and the victim of the unlawful conduct or other community representatives to seek a resolution that repairs the harm caused by the unlawful conduct and allows the offender to make amends to the victim or the wider community (b) requiring the offender to obtain treatment or counselling to address underlying mental health conditions, addictions or other behavioural issues

12. Benefits of Restorative Justice
Reduction in Recidivism – Canadian studies have shown a varying reduction in recidivism, but by as much as 12%. Levels of Satisfaction – On average, both victims and offenders report higher levels of satisfaction through Restorative Justice. Victims – 85% felt the accused was held accountable for his/her behaviour, compared to 34% in the traditional system. Victims – Are substantially more likely to obtain restitution through Restorative Justice. (from the Federal-Provincial-Territorial Working Group Report on Restorative Justice – December, 2009)

13. Restorative Justice in Manitoba
Manitoba Justice funds restorative justice programs across the province.
Depending on the program, funding is cost-shared with Canada under the federal Indigenous Justice Strategy (IJS), or funded solely by Manitoba. 
There are 9 contracts under the IJS that service 45 communities throughout the province. 

14. Indigenous Justice Strategy
The Indigenous Justice Strategy (IJS) was created in 1991 to address the disproportionate rate of victimization, crime and incarceration among Indigenous people in Canada.  IJS supports Indigenous community based justice programs that offer alternatives to the mainstream justice system that reflect local Indigenous culture and values.
Indigenous people are overrepresented both as victims of crime and as accused in the criminal justice system.

15. Impact of programs
A paper was published by Justice Canada in 2016 that evaluated the effect of IJS programs and found that individuals participating in IJS-funded programs are significantly less likely to re-offend than those referred but who did not participate.  Participants were 43% less likely to re-offend than non-participants after one year and 37% less likely to re-offend after 8 years.
Manitoba also funds another 5 agreements outside the IJS.

16. Diversion
There has been an increased number of files referred to diversion programs by Manitoba Prosecutions: 2015 – There were 2,063 referrals 2016 – There were 3,066 referrals Additionally, the Winnipeg Police Service have recently begun diverting a limited number of matters.

17. Winnipeg Drug Treatment Court (WDTC)
The Winnipeg Drug Treatment Court (WDTC) was established to break the cycle of drug use, criminal behaviour and incarceration through a diversion court for drug addicted offenders.

18. Winnipeg Drug Treatment Court
WDTC deals with non-violent offences in circumstances where:
The offender has a drug addiction; AND
The offence they are charged with was caused or motivated by that drug addiction.
There are a wide range of offences that are eligible, but most offences are drug offences, break and enters or frauds.

19. WDTC
The WDTC generally takes between 12 to 18 months to complete. Each participant works through a comprehensive plan developed for them that includes:
regular court appearances
periodic and random drug testing
client-centred treatment for substance dependence
counselling
life skills training
employment training
job placement

20. Mental Health Court (MHC)
MHC is a weekly sitting of the Provincial Court of Manitoba, available in Winnipeg. The Court deals with offenders who have been diagnosed with a severe and persistent mental disorder, e.g. schizophrenia, that has factored into their offending behavior.
Offenders are afforded intensive pre-sentence service and support by a Forensic Assertive Community Treatment (FACT) Team that has been established within the Winnipeg Regional Health Authority’s Community Mental Health Program.
FACT Team consists of a psychiatrist, a team leader and a multidisciplinary team of service coordinators.

21. MHC
MHC participants are typically involved in the MHC process for mos. As their mental health improves, their case management becomes less intense and their court appearances lessen.
Upon completion of MHC, the Crown will stay the offender’s charges or a community based sentence will be ordered. Custodial sentences are not made in MHC.

22. Community Support Hearings
These hearings can occur at any stage of the proceedings and are specifically aimed at individual offenders who are chronically involved in the justice system and who often suffer from Fetal Alcohol Spectrum Disorder (FASD) or other mental health issues, social problems, addictions issues and/or behavioural challenges. 

23. Community Support Hearings
These offences often occur in the downtown area and are files that are assigned to one of our Community Prosecutors.
These offenders are often already engaged with available supports in the community that can be enlisted and mobilized to participate in a team-planning approach according to an offender’s specific needs. These supports are invited to attend court and take an active role in the process.

24. 3. Increase the timeliness and efficiency with which cases proceed through the Criminal Justice System
Ensuring the most time and resources are put toward the most serious offences and offenders (proportional response).
Streamlining the preliminary hearing and trial process.
Consultation with Court to improve scheduling efficiency.
Contributing to the availability of earlier preliminary hearing and trial dates.
Streamling the preliminary hearing and trial process, includes efforts of the Courts (ie: QB Criminal Rules).
Mention the 4 point proposal??

25. Preliminary Inquiry Pilot Project (Proposal)
Preliminary Inquiries are “costly” in terms of time involved in conducting them.
Manitoba’s 4 year Pilot Project proposes various amendments by the federal government to the Criminal Code as they relate to Manitoba.

26. Preliminary Inquiry Pilot Project Proposal
The amendments would:
1) Eliminate Preliminary Inquiries where the indictable offence carries a maximum penalty of less than 10 years,
2) For offences with maximum penalty of 10 years or more, replace preliminary inquiry with an out-of-court discovery process developed through and established under the Rules of the Court of Queen’s Bench.

27. Assessment of pilot project
Evidence based assessment of operation of the pilot project, to determine if fundamentally fair and timely justice provided.
Expected results of proposal include:
Out of custody accused get to trial sooner
In custody accused will spend less time in remand custody
Court time reduced
Costs reduced