JAIL TIME FOR ADDICT, BUT PROBATION ORDER TERMINATED

A woman with a serious drug problem will spend the next month behind
bars.

But in an unusual move, Delores Drake won't be required to follow an
old probation order after she's released from jail.

"It's like criminalizing an illness," said Crown prosecutor David
Fitzsimmons.

Drake, 29, has ongoing problems with subsance abuse. She's been
through detox and rehabilitation programs, but it hasn't worked out
for her.

"She's been fighting this for years and hasn't been successful," said
defence lawyer Doug Marion.

Two weeks ago, RCMP released Drake's photo to the media and
information that she was wanted on a warrant for failing to attend
court and breaching her probation order.

On Saturday she was arrested and placed in holding cells at the RCMP
detachment. When she appeared in provincial court on Monday afternoon,
Marion entered guilty pleas, on her behalf, to two counts of failing
to comply with a probation order and one count of failing to attend
court.

Two other charges were dropped by the Crown in exchange for the guilty
pleas and then Fitzsimmons called for the judge to cancel Drake's old
probation order which sets her up for failure.

Fitzsimmons said that charging a drug addict for missing court or a
probation appointment is like complaining that a Harley-Davidson
motorcycle makes too much noise - in other words, it's an exercise in
futility.

Since being placed on one-year's probation last August, Drake has
missed probation appointments, has been charged for doing so and has
been arrested on warrants. Typically, she appears again in court and
is released, and then the same pattern continues.

Fitzsimmons asked Judge Brian Saunderson to impose a 30-day jail
sentence and to cancel the probation order. It was a plan that made
sense to both the judge and the defence.

"My friend (Fitzsimmons) is correct. By virtue of addiction she is
unable to deal with these matters," said Marion.

Drake lives off social assistance and said she would like to get off
drugs, however, that's going to take some effort on her part.

"If there's anybody going to do anything about her addiction, it's
going to be Ms. Drake," the judge said.