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Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication.

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Presentation on theme: "Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication."— Presentation transcript:

1 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

2 TRANSPORTING THERAPEUTIC APPROACHES TO THE CRIMINAL JUSTICE SYSTEM “A STAR TREK VOYAGE” Chief Judge Pamela Williams Nova Scotia Provincial & Family Courts 2 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

3 Problem-Solving Non-adversarial Team approach to court processes Broadens the focus beyond simply applying the law Considers outcomes for:  Offender  Victim  Community 3 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

4 Vulcan Mind-Meld 4 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

5 Traditional v. Problem-Solving Approach Traditional Goal – resolution of dispute Focus – Legal Outcome Adversarial Process Case-oriented Rights-based Emphasizes adjudication Problem-Solving Goal – resolution of underlying problem Focus – Therapeutic Collaborative Process People-oriented Interest-Needs-based Emphasizes post- adjudication, ADR 5 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

6 Traditional v. Problem-Solving Judge as arbiter Lawyer as adversary Backward-looking Precedent-based Few participants and stakeholders Individualistic Legalistic Judge as coach Lawyer as problem- solver Forward-looking Planning-based Many participants and stakeholders Interdependent Commonsensical 6 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

7 Traditional v. Problem-Solving Formal Efficient Success is measured by compliance Informal Effective Success is measured by remediation of underlying problem 7 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

8 Transporting Matters 8 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

9 Types of Matters for Transport Mental Health Drug Treatment Concurrent Disorders Aboriginal Domestic Violence Community 9 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

10 Transport Where? Problem-Solving Courts Often gov’t funded In centralized areas Vulnerable to budget cut-backs Specialized Personnel Great if you can get one Problem-Solving Programs Capital Infrastructure not necessary Can set up a program within a traditional court Seek out champions Great option 10 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

11 Transport Myths Problem-solving courts and approached can only be used in larger centres due to resource demands Problem-solving techniques can only be used in problem- solving courts 11 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

12 The Nova Scotia Experience 12 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

13 Halifax Region 13 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

14 Cape Breton Region 14 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

15 Northern Region 15 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

16 Western Region 16 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

17 Demographics Population Total : 941,000 Halifax Region: > 550,000 Cape Breton Region:> 100,000 Northern Region:> 100,000 Western Region:> 100,000 Trend – rural to urban shift Declining and aging population 17 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

18 Specialty Courts/Programs Halifax Region Dedicated Youth Justice Court Mental Health Court – provincially funded Est. 2009 – 50 Participants - Weekly Court Monitored Drug Treatment Program – unfunded – sharing of resources – Max. 6 participants – est. 2013 18 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

19 Mental Health Court Team 19 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

20 Cape Breton Region Domestic Violence Program – est. 2012 Provincially funded All 4 judges preside over court proceedings Sittings – once weekly – 60 Participants 80 % men Mental health, addictions components 20 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

21 Western Region Court Monitored Drug Treatment Program  Kentville sittings – every 2 nd week  Pilot with minor federal funding – est. 2014  Collaboration with OTP Mental Health Diversion Program – est. 2014  Unfunded – collaborative sharing of resources  Community Mental Health driven 21 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

22 Northern Region Port Hawkesbury Wellness Court  Est. 2012 – Participants 12-15  Sits every 3 months  Unfunded  Judge Driven 22 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

23 Wish List – New Frontiers 23 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

24 Diversion Programs/Approaches Diversion Programs in each region of NS Mental Health, Drug Treatment Concurrent Disorders, Domestic Violence Therapeutic/Problem-Solving Techniques applied in appropriate cases in the traditional criminal court setting 24 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

25 Problem-Solving Tools in the Courtroom 25 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

26 GREAT BIG C’S COMMUNICATION COLLABORATION CREATIVITY SUPPORT AND SUPERVISION 26 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

27 COMMUNICATION Respect Empathy Encourage Direct Engagement Plain Language Active Listening Gathering And Sharing Of Information 27 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

28 COLLABORATION Community Outreach Service Providers And Supports Case Conferencing Multi-disciplinary Approach Training And Education 28 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

29 CREATIVITY Identify needs and respond to those needs Motivate behavioural change Rewards and Sanctions Craft Support Plans with accountability and rehabilitative aspects Use of restorative justice Give victims a voice 29 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

30 Support and Supervision Time intensive Process – 12-24 months Status check court appearances Regular monitoring pre or post sentence Involve community in supervision 30 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

31 CAUTIONS Voluntary participation If s. 720(2) CC or s. 10(4) CDSA – AG consent required Redefine success Create a flexible framework for legal and clinical criteria Assess and Manage Risk Evaluate Court/Program/Approach 31 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

32 GO BOLDLY WHERE NO ONE HAS GONE BEFORE 32 Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills

33 33 THE END Prepared for CBA "Converging Futures Conference," August 2014, as part of the Association of Legal Aid Plans of Canada session on Mental Health & Communication Skills


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