ADDICTS, MENTALLY ILL NEED HELP, NOT JAIL TIME

In A Rare Political Statement, B.C.'s Highest Court Says System Is
Clogged With Out-Of-Control Repeat Offenders -- With No Resources To
Aid Them

The B.C. Court of Appeal issued a plea to Victoria on Friday to
improve treatment resources for mentally ill and addicted recidivists
who are clotting up the criminal legal system.

At the end of a unanimous decision, three justices -- including Chief
Justice Lance Finch -- concluded a lower court judge had difficulty
sentencing a 27-year-old repeat offender because there was no medical
help available.

They said the case was emblematic.

"This court can do no more than to acknowledge the lack of resources
and urge our legislators to respond to the need," Justice Catherine
Anne Ryan wrote for the panel.

It was a rare politically tinged comment from the province's highest
bench and it touched a hot-button issue.

Mentally ill and addicted repeat offenders clog the system and what to
do about them is a Gordian knot.

More jail time -- the solution some propose, doesn't help this
population, in my view, because they're not bent, they're broken.
These people aren't making criminal choices, they're out of control.

This judgment leans in the same direction.

Justice Ryan said this case "demonstrated the difficulty of sentencing
the mentally ill offender, especially those who are also addicted to
alcohol and/or drugs."

She said the courts are being asked to deal with offenders who cannot
be controlled via ordinary probation orders because treatment services
are not available.

As a result, they are released only to reoffend because they haven't
received any help with their underlying problems.

Consider this case.

Over the course of six weeks, would-be Victoria artist Jonah Jae
Donato committed six crimes culminating in a robbery.

On March 9, he pleaded guilty and was sentenced to a total of just
over seven months' imprisonment to be followed by two years' probation.

At the time, the judge duly warned Donato that when he was released on
probation he was to be of good behaviour, refrain from drugs and
alcohol and to get treatment.

"Without treatment to back up the admonitions, such orders will often
do the opposite to what is intended -- create a simple path to
reoffending," Justice Ryan noted.

"Apparently, no treatment facilities were available to Mr. Donato at
the time he was sentenced."

Which meant he remained on the legal system's treadmill.

Donato's first crime in this spree was spray-painting an outside wall
of the Odeon Theatre in Victoria on Dec. 5, 2006.

He was drunk and told the officers he was trying to convey his message
that the streets were dangerous. He was arrested for mischief and released.

On Dec. 10, Donato spray-painted an office building. He was
drunk.

A private security guard stopped him on Jan. 11, stealing a bottle of
beer from a downtown liquor store.

Donato was arrested and released on a promise to appear and not
consume alcohol while awaiting trial.

On Jan. 12, he was found unconscious in the washroom of a local Blenz
Coffee shop, a bottle of Drambuie by his side.

Five days later, he was caught bingeing on the street.

Lastly in this string of offences, on Jan. 18 wearing something
resembling a veil, Donato drunkenly demanded money from an adult video
store clerk.

The clerk handed him $20 and pushed a silent alarm.

Donato was in another part of the store stuffing merchandise into his
jacket pocket when police arrived.

None of this behaviour should have been surprising.

Donato has a related record of eight thefts, fraud, assault, and
mischief.

All of those crimes were similarly alcohol-fueled escapades and were
dealt with in 2006 -- the longest sentence he received amounted to 30
days' incarceration followed by probation for a year. He was on
probation when these offences were committed.

A psychiatric report filed with the court says Donato is afflicted
with schizoaffective disorder and polysubstance abuse.

He has been admitted and received psychiatric treatment numerous
times. Yet he is resistant to counselling and medication.

Released from jail on Sept. 17, Donato quickly breached his probation,
pleaded guilty and on Oct. 1 was sentenced to 30 days.

He was released Oct. 20, but 10 days later was charged with three
further breaches of probation along with theft under $5,000 and
possession of stolen property.

He was released Nov. 1, having promised to admit himself to the Seven
Oaks Mental Health Facility where a bed is now available.

"Mr. Donato's rehabilitation will not take place unless he receives
treatment to address his mental health and addiction issues that give
rise to his anti-social behaviour," Justice Ryan said.

"Fortuitously, the Seven Oaks Mental Health Facility has a bed for Mr.
Donato and he agreed, pursuant to a bail order imposed Nov. 1, to take
treatment at the facility... The conditions imposed by the sentencing
judge, now tied to treatment, may provide the rehabilitative effect
for which they were intended."

Donato was before the appeal court asking to have those conditions
relaxed. And the court obviously had great sympathy.

He said he couldn't live without a drink and Justice Ryan said that
was probably realistic.

His chances of rehabilitation had improved, she said, so the court
would amend the proviso that he "refrain absolutely from ingesting
alcohol or non-prescription drugs to a condition that requires that he
not be found intoxicated in public."

Donato wanted access to an area of downtown Victoria from which he is
currently prohibited -- "the south side of Fort Street to the south,
the east side of Quadra Street to the east, the north side of Herald
Street to the north, and the west side of Wharf Street to the west."

The appeal panel said that provision would remain in place because the
area is where his crimes took place and offers easy access to illegal
drugs and alcohol.

"If he needs to go to the area he can do so with the permission of his
probation officer," Justice Ryan concluded.

Donato also wanted the ban on possessing "any spray paints, marking
pens or any other items that could be used to create 'graffiti'" eased.

The panel varied that condition to say "he not carry spray paint in
public."