CREATE DRUG TREATMENT COURTS SOON IN N.B.

There is nothing worse than having to do something you know won't
work in the end.

I was reminded of that when I read last month of a Crown prosecutor
in New Brunswick lamenting the lack of drug treatment courts and of
addictions treatment services in provincial jails.

In provincial court, after dealing with the cases of two women with
severe drug addictions, lengthy criminal records, and serious
medical problems as a result of their drug abuse, the prosecutor
said, "I'm not permitted to take a position . . . but boy oh boy,
from just a general observation point of view, if there's ever a
need for specialized court . . . this would have to be it."

One of the women, who is on a wait list for cardiac surgery, begged
the judge for a lengthier sentence so she could take advantage of
substance abuse programs available in the federal prison system. But
her charges -- this time -- didn't warrant a federal sentence. But
"people need a break" from her criminal activity, said the
prosecutor. "We've been 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 the judge. "Any jail sentence
is going to have limited success."

We recognize that something is wrong with the way individuals with
substance use problems are being treated -- not treated -- within
the criminal justice system. And how could we not? Groups and
individuals have been decrying the woeful inadequacy of
New Brunswick's addictions treatment services for years.

The Crown prosecutor is only the latest -- judges and police speak
out on this issue regularly.

We know that those charged and convicted with committing
drug-motivated crimes are marched in through the doors of the
province's courts and prisons and serve their sentences, only to
reappear before the court again and again for similar crimes. Why?
Because while incarceration may serve as a deterrent to repeated
criminal activity for some, it rarely does for those who commit
crimes to feed an addiction unless the addiction itself is
addressed. Treating the symptoms of an ill rather than the cause is
no way to arrive at a cure.

The provincial government promised two years ago that government
departments would collaborate to introduce two pilot drug treatment
courts in the province, and this idea is part of the 2008-2012
Provincial Health Plan. But action cannot come too soon.

In Drug Treatment Courts -- there are six operating in Canada --
those charged with non-violent drug-motivated crimes are given the
option of pleading guilty and being diverted away from the
traditional formal criminal justice system via strict addictions
treatment programs which include both in- and out-patient
counseling, random drug testing, and medical treatment where
necessary (that is, methadone treatment).

Included in the counseling is often an evaluation assessing basic
needs, including housing, transportation, child care, which would
hinder successful program completion. The programs, when
successfully completed, normally last a year, after which courts
will generally impose non-custodial sentences on graduates.

In Toronto, where the Canada's first such court started in 1998,
follow-up studies of those who graduated from the treatment program
show that fewer than 15 per cent of graduates re-offended after
graduation, compared to 90 per cent of drug-motivated offenders not
diverted through the program. Repeat offenders had reduced
recidivism rates in the three years post-graduation compared to
their criminal records preceding participation in the program, 96
per cent of graduates said the program helped them reduce their
involvement in criminal activity, and fully 100 per cent
of graduates said that the program helped them in reducing their
substance dependency.

Drug treatment courts, as they have been set up, are not without
areas of concern. When the New Brunswick government introduces drug
treatment courts, it is essential they pay close attention to the
red flags raised in studies of these other courts.

One of the most distressing of these is the fact that, of all
clients diverted through drug treatment courts participation, women
and youth under 25 are the least likely to complete the program.
Women's life circumstances and needs often differ significantly
from men's. Since gender differences are rarely considered when
developing programs, or rather, since the "male model" is usually
what is used in designing programs, this can greatly affect women's
chances of entering and completing addictions treatment services.

Studies have shown that the needs of women with substance use
problems in New Brunswick are not met. It would be a tragedy if any
new programs further fail half the population they are designed to serve.

The presence of drug treatment courts will not address the lack of
addictions treatment services for the general public, nor problems
of accessibility and quality already present in those services
currently available.

Those who want addictions treatment should be receiving it and
receiving the best and most appropriate treatment possible, whether
or not they come into contact with the criminal justice system.

The diversion program will not necessarily work for all individuals
who participate, as with any social or health program. But neither
does incarceration work as a deterrent for all individuals, and it's
been proven time and again that its chances of success are even
smaller for those with serious substance use problems committing
addictions-motivated crimes.

Diversion programs are only harm reduction, not harm prevention
tools. But it is a start on the right road toward a justice system
with the ability to prescribe solutions rather than band-aids.