The Provincial Court has responded to the needs of First Nations communities and mentally disordered and substance addicted offenders by establishing several innovative specialized courts. By consulting and collaborating with communities and social and health service agencies, community corrections, police and lawyers, the Court has attempted to focus its resources in more effective ways in various parts of the province.
About Aboriginal Family Healing Court Conferences
For several years the Provincial Court worked with a group of Elders in New Westminster and representatives from the Ministries of Children and Family Development, Aboriginal Relations and Reconciliation, and Justice to create a new process for aboriginal families in child protection cases. The result of this work was the launch of the Aboriginal Family Healing Court Conference (AFHCC) pilot project in New Westminster on January 24, 2016.
In BC, when there are child protection concerns and a family and the Ministry of Children and Family Development do not agree on the way forward, a case conference is often scheduled. A case conference is an informal meeting between the judge and the parties to try to resolve the disagreement before the case escalates to a trial. The AFHCC project provides families with support before, during and after the case conference, with the following goals:
The project offers families support, flexibility, choice, and cultural connection. Key elements of the AFHCC include:
A cultural ceremony is held for families when they achieve the goals set out in their Healing and Wellness Plan to honour their hard work and success.
In operation since December 4, 2001, the Drug Treatment Court of Vancouver (DTCV) is a specialized court that uses a problem-solving approach to the criminal process for individuals who commit offences to support their addiction to hard drugs such as cocaine, heroin or other opiates, or crystal methamphetamine. DTCV uses an integrated, collaborative approach between judges, the prosecution, defence counsel, community corrections, and health and social service agencies to assist offenders in overcoming substance abuse and to reduce the harms caused by addiction.
By using the principles of “therapeutic jurisprudence,” it achieves the goals of rehabilitation of the offenders and promotion of safer communities through reduced criminal offending. To date, more than 256 people have graduated from DTCV.
In April 2012, the DTCV received the Premier’s Innovation and Excellence Award for the Lower Mainland in recognition of the integration and excellent work of the multiple teams involved in the treatment, support and recovery of DTCV participants.
See Vancouver drug treatment court builds record of success, Vancouver Sun, March 7, 2016 – it captures the spirit of DTCV.
Many offenders in downtown Vancouver have health and social issues that include alcoholism, drug addiction, mental illness, homelessness and poverty. The Downtown Community Court (DCC), which opened in 2008, is a partnership between the Court, the Ministry of Justice, and social and health service agencies. Its goal is to reduce crime, improve public safety, and provide integrated justice, health and social services to offenders in a timely manner, while holding them accountable for their actions. This Court includes a coordinator, Crown counsel, defence lawyers, Vancouver police officers, sheriffs, court clerks, probation officers, Native Courtworkers, and other health and social service agencies located in or near the Court.
For more information see:
- Judge Burgess interviewed on DCC – CBC Early Edition Jan 2016
- Report from the DCC Executive Board on the Final Evaluation of the Downtown Community Court (2013)
- Examining the Impact of Case Management in Vancouver’s Downtown Community Court (2014)
- Downtown Community Court in Vancouver: Efficiency Analysis (2013)
- Compilation of Research on the Vancouver Downtown Community Court 2008 to 2012
- Vancouver Downtown Community Court, BC Ministry of Justice
- Downtown Community Court videos, Justice Education Society
Around the province judges and service providers have initiated local domestic violence courts using different models. A judge-led initiative has operated in Duncan since 2009. It adopts a collaborative, therapeutic approach in which information and services are coordinated, with service providers attending domestic violence court weekly to facilitate access to information and services for victims and offenders. In 2013 a similar court was established in Nanaimo through the collaborative effort of the local coordinating committee for domestic safety. In Kelowna and Penticton, particular days are scheduled for domestic violence cases, so they are given early trial dates and can proceed through court without delay.
First Nations Court sits in several communities, including New Westminster (since November 2006), North Vancouver (includes Whistler, Squamish and the North Shore, since February 2012), Kamloops (since March 2013), Duncan (since May 2013), Merritt (since October 2017), and Prince George (since April 2018). The Court has been developed in consultation with local First Nations, the community at large, police, Community Corrections, Crown counsel, defence lawyers, and other support service groups like the Native Courtworker and Counselling Association of British Columbia. Its focus is holistic, recognizing the unique circumstances of First Nations offenders within the framework of existing laws. Local First Nations communities are encouraged to contribute to the proceedings. The Court provides support and healing to assist in rehabilitation and to reduce recidivism. It also seeks to acknowledge and repair the harm done to victims and the community. Several Canadian justice system professionals and academics have shown interest in using BC’s First Nations Court as a model for courts in their own communities.
See “Traditional Justice”, Globe and Mail, January 9, 2015 for the story behind a case in the First Nations Court in Duncan, and “Can First Nations Court stop Indigenous women from ending up in prison?”, Public Radio International, April 18, 2018 for a story from North Vancouver First Nations Court.
Cknucwentn First Nations Court, Kamloops
UVIC law students’ perspectives on First Nations Court - Cowichan Valley
First Nations Court in New Westminster
TRU’s Indigenous Law Students Association visits Cknúcwentn First Nations Court
In 2010, the Provincial Court responded to a community-led initiative to address street crime in Victoria by adopting an integrated approach to mentally disordered and drug addicted chronic offenders. The Victoria Police Department had estimated that over a 40 month period, 324 homeless people in Victoria were responsible for 23,033 police encounters at a cost of $9.2 million. The Mayor’s Task Force on Homelessness and Mental Illness had estimated that about 50 per cent of Victoria’s homeless population struggled with substance abuse and about 25 per cent were affected by significant psychiatric problems, often caused or exacerbated by substance abuse.
The Victoria Integrated Court (“VIC”) was established to improve access to health, social and economic services for this group of chronic offenders; to improve public safety; and to hold offenders accountable for their actions in a timely manner. Police, health, social workers and community corrections service providers had responded to the Task Force findings by forming integrated teams to deliver emergency and health services to homeless, mentally disordered and addicted individuals, many of whom were coming into conflict with the law. VIC deals with people supported by one of these teams.
VIC is not a trial court but eligible individuals may have bail hearings or plead guilty and be sentenced in VIC. Those who plead not guilty are tried in the regular court system but if found guilty and given a community sentence, they may have that sentence supervised in VIC. Members of the Island Health's Assertive Community Treatment teams and Community Living BC's Community Response Teams, including community outreach workers, social workers, probation officers and police, meet regularly with the dedicated Crown counsel and defence counsel to discuss cases and plan support and supervision in the community.
The Integrated Court approach to sentencing shares many similarities with the holistic model implemented in First Nations Court. Judges sit in VIC for a year or longer in order to become familiar with the people appearing in court and those working with them. In VIC proceedings judges are told about housing, medical and other issues affecting an offender and they are given recommendations for terms which may be ordered to help a team support and supervise the offender. Community service is frequently ordered as part of a VIC sentence. For example, VIC participants have helped to create a mural and a community garden where they can learn gardening skills, grow their own produce, and earn a share in any profits from produce sold.
For more information see:
- Victoria Integrated Court Report 2015
- Victoria Integrated Court Report 2014
- Victoria Integrated Court integrating Health, Justice, and Social Services – Belliveau and Mason, 2014
- Victoria Integrated Court Report 2013
- Victoria Integrated Court In Its Second Year - Report and Appendices 2012
- Victoria Integrated Court Report 2011
Appendix to Victoria Integrated Court Report 2011