DRUG TREATMENT COURT OPENS

Regina -- 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 targeted at
drug-addicted, non-violent offenders.

The idea is that a mix of court and intensive counselling, backed up
by monitoring and random drug tests, might better help 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.

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 Regina. Regina DTC will cost
$1.1 million annually, with Ottawa picking up 40 per cent under an
agreement that's in place until 2009.

There should be no shortage of suitable 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 during 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
on Regina's streets.

"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 demands of 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, such as 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 being served in the community.

Relapse is always a possibility with an addiction, but the issue is
how the person addresses it, said Rude.

Unlike the usual courtroom, the same judge, prosecutor and legal aid
lawyer is assigned to DTC to provide consistency. Three addictions
counsellors, a psychiatric nurse, a probation officer, an income
support worker, a 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."