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By Dylana Kneeshaw

COMMUNITY COURT SYSTEM

Local lawyers working on proposal for mental health, community-conscious court system in Kamloops

Nov 8, 2019 | 4:18 PM

KAMLOOPS — Several lawyers in Kamloops and law professors at Thompson Rivers University have banded together to propose a different kind of court system.

The proposal is geared towards serving individuals suffering from mental illness, or living with a disability, who have committed a minor crime.

Instead of sending these people to prison, defence lawyer Michelle Stanford says the mental health and community court proposal would aim to provide an alternative way to prosecute and ultimately lead offenders away from repeating crimes.

“It’s a very collaborative approach,” she explains, “We would be working with probation, and with mental health and housing, and pretty well all of the resources that currently exist.”

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Stanford has been practicing law for over 20 years and says she has seen repeat offenders come through the courts time and time again.

“So it’s become more apparent to me that we’re seeing more people coming off the street that are being arrested for minor offenses and KRCC (Kamloops Regional Correctional Centre) has become a revolving door for them.”

Ruby Dhand is one of the lawyers working on the proposal alongside Stanford, and says there would be guidelines as to who would qualify.

“For eligibility, usually a person would be diagnosed with a mental health issue, addiction, or disability,” Dhand says, “and they would also be having to voluntarily agree to be participating in the program.”

The court system being proposed is designed to divert people who committed a minor crime away from incarceration.

Stanford says the current system has ultimately led to some of the overcrowding issues faced at many correctional facilities around British Columbia, including Kamloops. She also notes that many facilities don’t have the resources to properly treat mental illness and help inmates heal.

“Theft unders, or nuisance, mischief offenses, along those lines — causing a disturbance (would qualify),” she says. “And those are the ones that we see most frequently coming through the door.”

Research into the feasibility and need for the revamped system was funded through the Law Foundation of BC, and the Social Sciences and Humanities Research Council. Dhand’s law students at TRU also had a hand in gathering data and interviews.

While speaking with stakeholders, people with lived experience, and other legal professionals, Dhand made sure that researchers also took time to hear the business community’s thoughts on the model, and says the feedback has been supportive.

“We have kind of drafted out the report, and that should be hopefully finalized by sometime next year,” explains Dhand. “We are hoping to bring this forward to the provincial specialized court committee to submit it for approval.”

According to Stanford, the system would eventually lead to cost savings for taxpayers — given the reduced cost to keep inmates in prisons. If the proposal was given the green light, she says there would be no additional cost for the province to implement the community-minded system, as it would work with existing resources.

When asked about the idea of a mental health court, BC’s Attorney General, David Eby told CFJC Today he looks forward to hearing the proposal when it is ready.

“Specialized courts are one way that access to justice can be dealt with. We have a serious issue with mental health in our communities and a close connection to the criminal justice system. A lot of people in prison have serious mental health issues. It’s not a way to deal with mental health issues — prisons. It’s actually the most expensive way to deal with mental health issues.”

Should the proposal be approved, the goal would be to have it brought in to the Kamloops court system to service not only Kamloops, but surrounding regions.