The Brampton Drug Treatment Court receives applications from clients who have been charged with eligible criminal offences.
A. Referral
A standard referral may emerge from the Crown Screening Form in your client’s initial disclosure documents, or can equally be negotiated at any time throughout the life of pre-trial discussions. Some clients are referred by counsellors, probation officers, police, lawyers, while others may self-identify and inquire what exists to assist them towards recovery from their addiction.
B. Crown Screening
Once a potential client demonstrates an interest, an application is made to the applicable crown’s office. If a potential client has both C.D.S.A and Criminal Code offences, applications must be made to both crown’s offices. The applicable crown’s office will assess the application and make a preliminary decision as to eligibility. The application is assessed based on set criteria that includes seriousness of the offence, whether violence was involved, history of violence offences, etc. If admitted to the program, often one crown’s office assumes delegation of all charges.
Once the initial assessment is conducted and the potential client is approved by the applicable crown’s office, the potential client’s matters are adjourned into the next drug treatment court.
Potential clients in custody at the time of the application will be considered. A determination as to the person’s suitability will be made. If, in the opinion of the applicable Crown’s office, the person is not a candidate for release, the potential client will have to obtain his or her own release before being eligible for the program. If able to obtain their release, the potential participant, upon entry into the program, will enter into a new recognizance which provides for the terms required in the program.
If, based on bail principles, the potential candidate is suitable to be released into the community, he or she will be released on a recognizance with specific terms related to the program.
C. Preliminary drug treatment court assessment
Prior to entry in the program, representatives from PAARC and Supportive Housing in the Province, will conduct a brief needs assessment with the applicant. Where possible, clients should attend an out-of-custody appointment, to highlight their motivations and goals for entry in the program. Where a client is in custody, the initial brief assessment may be done in the jail or may be done after release.
Brampton Drug Treatment Court – Pre-Meeting before Friday Court
Prior to court each Friday, the Drug treatment court team, comprised of representatives from PAARC, Services & Housing in the Province, Crowns assigned to the Addictions Court, and the Justice, meet to discuss each case. Clients represented by counsel, or Duty Counsel on behalf of self-represented applicants, are encouraged to send their agent to our weekly Friday meeting, to discuss the client’s willingness and capacity to participate.
D. In-Court Interview with the Presiding Justice
The Brampton Drug Treatment Court sits every Friday, beginning at 1:00 pm, in the designated court. Applicants are required to attend. Prior to entering pleas of guilt, an applicant will be asked by the Justice to discuss why they requested admission to the program.
Judges will gage an applicant’s expectations, by affirming the challenge that lies ahead. Participants will be reminded of the rigorous schedule and questioned whether they remain committed to the program.
Participants will then be arraigned on all remaining counts, and pleas of guilt entered, pursuant to s. 606 of the Code.
E. 30-Day Test Period
Pursuant to the waiver agreement, clients who enter a plea of guilt will be closely monitored while in the program. At any time during the first month, if a client feels overwhelmed or for any other reason elects not to continue participating in the program, they are entitled to strike their plea and return to the general court stream.
It is important to note that should the Addictions Team move to terminate a participant from the program, the first 30 days serve as an effective barometer to assess a client’s motivations and capacity, to remain in the program. If the Addictions Team determines that the client is not ready for the program, the client may be asked to return to the general court stream, and their pleas will be struck.
Prior to the completion of the 30-day period, a participant will be asked on record, whether they choose to remain in the program. If s/he answers yes, the automatic right to strike his/her plea is then relinquished, and sentencing will proceed before an Addictions Court Justice, at the conclusion of the client’s tenure in the program.
In some cases, 30 days will not be an equitable snapshot to assess a client’s progress. The Brampton Drug Treatment Court reserves the right to extend a client’s 30-day trial period for a further period of time, giving due consideration to principles of fairness and reasonableness.
Clients arrive to the Brampton Drug Treatment Court program from diverse backgrounds. For the most part, the path to an individual’s recovery can differ based on their subjective experiences. Accordingly, the program tailors its approach to the needs of each individual client.
There are however, specific expectations required of ALL participants. Please speak to your client about their willingness and capacity to undertake the following:
Honesty, Honesty and Honesty
- The cornerstone of the program is honesty. The members of the program understand the difficult path faced by the participants. Recovery is a process and as such, it is vital that participants are honest with the court and the treatment providers to allow them to work with a participant in their recovery.
A. WEEKLY REQUIREMENTS
Court Appearances
- MUST attend court as required, and arrive prior to court being called to order. Until otherwise discussed, clients are expected every Friday, before 1:00 pm.
Appointments
- MUST attend all required appointments, on time, and prepared to engage with their counsellor.
This includes appointments with our Case Manager from the Services & Housing in the Province and with a Counsellor from Peel Addiction Assessment and Referral Centre that are approximately one hour in length.
Being late or missing appointments can lead to consequences which are levied by the court. Consequences can range from being ordered to complete community services hours up to and including a short period of bail revocation to assist the participant get back on track.
Urinalysis
- MUST complete 2 urine screens per week, spaced 3-4 days apart, and share results with the program support staff each week.
- As this is covered by OHIP, it is very difficult for persons without access to OHIP to participate in the program. The court will work with potential clients that have access to OHIP but do not have a valid Health Card. Assistance will be provided to obtain a valid Health Card. While the potential client awaits a valid Health Card, the court may pay for urine screens.
- In addition to the two regularly scheduled urine tests, participants will be required to attend for random urine tests at various times during the program.
B. Additional Services
- Clients may also be required to attend additional outpatient programs, sessions with a psychologist and/or psychiatrist, or residential treatment programs. These additional services are offered based on each client’s individual needs.
Non-Graduation from the Program
- From time to time, a participant, for various reasons, is unable or unwilling to meet the requirements of the program, that participant, without graduating can choose to be sentenced and will be given credit for what has been accomplished during their time in the program. It is also possible that the Crown may seek the participant’s expulsion if they are not meeting the basic requirements of the program.
Graduation
- The criteria to graduate are as follows:
- At least three (3) months of negative urine screens;
- Successful participation and completion in the treatments, counseling and therapies recommended by the treatment providers;
- Stable housing; and,
- Stable employment.
The Department of Justice provides that a recognized drug treatment court shall be given the latitude to determine its own criteria for graduation. Nevertheless, there are a series of guiding principles that will determine whether your client can graduate the Brampton Drug Treatment Court program.
Typically, clients will exit the program as graduates, when they can demonstrate:
- Abstinence from ALL illegal substances, for a period of 90 days consecutive (as confirmed by regular urinalysis results, submitted in compliance with requirements)
- A stable and safe living environment, as approved by the program team;
- Regular participation in community-based civic engagement; for example, paid or volunteer employment, attendance at support group meetings or other pro-social activities, to the satisfaction of the committee.
- No new charges in the three months prior to graduation
Fundamentally, an accused person will be sentenced pursuant to s. 718 of the Code, with credit given to accomplishments achieved while in the program. As an incentive, matters originally screened for custodial jail sentences may be disposed of with nominal fines and probation. In other exceptional cases, pleas can result in charges later being withdrawn or a stay of proceedings, at graduation.
LENGTH
Each client will experience a unique subjective pathway to his/her graduation goals. The hope and support offered by the team will serve to guide participants whether experiences are high, or low.
It is not uncommon for clients to remain in the program for a period of 12-18 months, as they rebuild the skills necessary to eliminate their substance use.
Participation in the program has been described as quite rigorous. Clients are encouraged to approach the requirements of the program as their primary objective, throughout the duration of participation.
The Brampton Drug Treatment Court program seeks to assist accused persons who are prepared to accept responsibility for their offences, by entering a plea of guilt. Unfortunately, not all offences can come into the program.
The program cannot accept clients facing charges relating to:
- Break & Enter, into a residence, with the intention of committing an indictable offence;
- Other significant crimes of violence;
- Offences involving an intimate partner
- Offences alleging the Impaired operation of a motor vehicle;
- Trafficking in controlled drugs or substances, for a commercial gain
- Crimes against children
Any other crimes that present a safety risk to the Addictions Team or other participants may be refused entry to the Drug treatment court.
An offender entering a plea of guilt to a crime contrary to the Controlled Drugs and Substances Act (CDSA) or the Criminal Code (Code), should be prepared to admit the essential elements of the offence, and concede their conduct was largely motivated by their substance abuse.
Due to the nature of the program and the length of time required to graduate, all participants are expected to waive their rights to a speedy trial pursuant to section 11(b) of the Charter. Further, pursuant to s. 720(2) of the Criminal Code, the participant consents to a delay in his or her sentencing to enable participation in the program.