WANTED: A BETTER WAY

Justice Crown Prosecutor Laments Lack Of Drug Treatment Courts In New Brunswick

SAINT JOHN - A Crown prosecutor has lamented the lack of drug
treatment courts in New Brunswick.

"While certainly in my capacity (as a government employee) I'm not
permitted to take a position ... boy oh boy, from just a general
observation point of view, if there's ever a need for specialized
court (besides the mental health one already in place) ... this would
have to be it," said Chris Titus.

He made the comments in provincial court recently after dealing with
the cases of two women, who both have severe drug addictions, lengthy
criminal records, and serious medical problems as a direct result of
their drug abuse.

Drug treatment court is a specialized court that aims to reduce crime
committed due to drug addiction through voluntary court-monitored
treatment and community service support for offenders with addictions.

The basic premise is that treating, rather than punishing, drug
addicts is a more effective way of ensuring the longer-term safety of
the community by breaking the cycle of drug addiction, criminal
activity and jail.

"Surely there has to be even a financial rationale" for having drug
treatment court, said Titus, noting the costs of drug addiction to
society, the justice system and the addicts themselves.

"I don't know what else would have to happen for those that make
those decisions to acknowledge there has to be a better (way)," he
said, his voice trailing off.

"I've probably said too much ... I don't want to get into trouble."

In 2006, the Liberal election platform committed to establishing two
pilot sites for drug treatment court in New Brunswick.

"It's still being worked on between (the departments of) Justice and
Health," said Valerie Kilfoil, spokeswoman for the Department of Justice.

Officials have been compiling information about programs in other
provinces, even paying some of them a visit, she said.

"You may see more movement on the file in the fall."

The federal Department of Justice and Health Canada have used drug
treatment courts in major urban centres since 1998.

"There has to be some kind of a case made (here) at some point in
time," Titus said in court, clearly frustrated by the lack of options
available for Karen Lynn Dennison.

Dennison, 33, pleaded guilty to six charges dating back to October,
including possession of two Dilaudid pills, stealing four steaks
worth $30, two counts of failing to attend court, and two counts of
probation violation after being picked up by police on a warrant.

She's been addicted to drugs for 15 years, she said. "And it's
killing me now." Dennision is on a wait list for cardiac surgery, the
court heard.

"I need help," she said, begging Judge Alfred Brien to impose a
sentence of at least two years so she could take advantage of
substance abuse programs available in the federal prison system.

"County time (at the Saint John Regional Correctional Centre) is dead
time. You're not doing anything out there to help yourself."

But Titus suggested it would be "a stretch-and-a-half" for the judge
to impose a federal sentence for Dennison's handful of offences.

Having said that, "people need a break" from her criminal activity, he said.

"So I'm kind of boxed in by what's in front of me. ... She'd have to
go to jail.

"What else can a prosecutor stand up and ask for?

"I don't know what else the court can do."

The judge agreed Dennison's charges didn't warrant a federal
sentence, but seemed equally frustrated by the lack of options.

"You represent, once again, an individual who has continually gotten
into trouble with the law by virtue of the addiction," he said,
noting her criminal record includes mostly thefts and prostitution
charges - crimes committed to feed her addiction.

"We've been after them, and after them, and after them (for a drug
treatment court), but until the decision is made at that political
level, I don't have that option," said Brien, sentencing Dennison to
eight months in jail.

He also placed her on probation for one year and ordered her to keep
the peace and be of good behaviour, report to a probation officer,
and attend substance abuse treatment as directed.

"It's a program model we should have in Saint John, no question,"
Brien said in an interview outside the courtroom.

He contends a large percentage of crimes in the city are connected to
drugs, such as marijuana, crack cocaine and the prescription
painkiller Dilaudid - "poisons" in the community.

In 2003, without any additional funding, Saint John "undertook a
pilot (drug treatment court) as a clear indication of how serious we
considered the problem," he said.

The pilot ended after six months because the case manager, who had
been a seconded paid employee at Ridgewood Addiction Services, found
another job and no one was available to replace her. But the need for
a drug treatment court remained an ongoing concern.

In 2006, a local committee representing a variety of interested
public and private agencies submitted a pilot proposal to the
province. "We are anxiously awaiting a response from the government
on what we consider to be a very good initiative for the community of
Saint John," said Brien, declining further comment.

Meanwhile, provincial court continues to struggle with cases such as
that of 50-year-old Tammy Lou Chase, who pleaded guilty to stealing a
digital camera from a bowling lane on Feb. 2, just one week after
completing a one-year conditional sentence. She also pleaded guilty
to failing to report to her probation officer on April 3 and failing
to attend court on April 23.

Chase, who was picked up by police on a warrant, told the court she
had been drug-free for two years, but "fell off the wagon." She has
hepatitis C and was in a "state of depression," she said, wiping away
tears with her sleeve.

"I just gave up," she said, adding that she's not proud of what she's done.

Duty counsel Margaret Gallagher asked the court to consider a
conditional sentence for Chase, to be served in the community.

Brien adjourned sentencing to this Thursday to get an updated
pre-sentence report on Chase, who has 19 theft convictions on her
criminal record.

"It's obvious to me," the judge said, "any jail sentence is going to
have limited success in curbing her activities as a drug user and
criminal activity to support her habit."