TREATMENT MANDATE OF NEW LOCAL COURT

Call It Justice With A Dose Of Therapy.

When Judge Clifford Toth takes his seat at Regina Provincial Court
today, it will mark the start of a new court that merges health and
the law. Regina Drug Treatment Court (DTC) is aimed at drug-addicted,
non-violent offenders.

The notion is that a mix of court and intensive counselling backed up
by monitoring and drug tests might better set those offenders straight.

"Rather than looking at just somebody simply serving time, the focus
is on dealing with some of the underlying issues of why they're going
in and out of the justice system," DTC co-ordinator Darlene Rude said
in an interview Monday.

While the pilot project is a first for this province, the U.S. has
had drug courts for 15 years. Toronto had the first in Canada in
1998, followed by Vancouver in 2001. Last year, the federal
government made a four-year, $13.3-million commitment to set up drug
courts in Ottawa, Edmonton, Winnipeg and here. Regina DTC will cost
$1.1 million annually, with Ottawa picking up 40 per cent under an
agreement in place until 2009.

There should be no shortage of candidates. A 2003 study suggested
about 76 per cent of offenders in Saskatchewan's justice system have
an addiction.

Rude said the plan is to work with about 30 offenders the first year.
Prosecutors screen potential participants. To qualify, a
drug-addicted accused must reside in Regina, plead guilty to their
crimes (which can be drug or Criminal Code offences), and not pose a
risk to public safety.

Those charged with violent crimes, sexual assaults, family violence,
offences involving children or youth, and commercial drug trafficking
need not apply. Alcohol can be part of the addiction, but not exclusively.

Regina defence lawyer Barry Nychuk believes DTC has merit. In the
last few years, he's seen a growing number of clients turning to
crime to support a cocaine habit as the drug becomes more affordable in Regina.

"They're not really criminals. They're desperate people who need
money to fund a habit," he said. "You deal with the root cause of the
crime, which is desperation to obtain money for their addiction. If
you deal with the addiction, you should deal with the crime."

Sentencing is delayed for a year to see how the participant fares
with the program -- regular court appearances, attendance at a
day-program treatment centre, counselling, drug tests, cultural
programming for aboriginal participants, and access to other programs
that might help like life-skills and employment training.

After a month, the offender can opt out or the court can decide the
person isn't suitable. Those who don't fully comply with requirements
can face penalties, including jail. Successful completion will likely
result in a sentence served in the community.

Unlike the usual courtroom, the same judge, prosecutor and legal aid
lawyer are assigned to DTC to provide consistency. Three addictions
counsellors, a psychiatric nurse, probation officer, income support
worker, community and cultural liaison, and administrative staff
complete the team.

"You're looking at having a relationship that allows you to get to
know that person and to be supportive," said Rude.

To critics who might see it as an easy way out, Rude begs to differ.

"That person will be expected to work . . . The ones who aren't
working the program are going to get pretty short shrift from the
judge," she said.