Backgrounder

Drug Treatment Court (DTC) is an innovative court program within the legal system that emphasizes treating rather than incarcerating addicts. The United States, Ireland, Australia, Scotland, Jamaica and Canada have established DTCs. Offenders must go through a strict screening process in order to qualify for the program. The DTC has been designed to meet the needs of non-violent offenders who are addicted to cocaine, heroin or opiates. The United States and Australia have also established specialized DTCs, which focus only on youth.

DTC is an alternative to incarceration. By helping non-violent offenders overcome their addictions and improve their social stability, the program reduces the criminal behaviour associated with substance abuse. By addressing the root of the criminal behaviour
- the addiction - we eliminate the need for the criminal behaviour.

DTC provides a local solution to local problems.

Canada's first DTC was established in Toronto in December 1998. In 2001, Vancouver set up a DTC. In 2004, the Government will establish as many as three new drug courts. The location of the new sites has yet to be identified. Each DTC has its own unique set of partners and experiences reflective of the community in which it operates.

DTC represents an effective alternative

In the first three years of the Toronto program, eighty-five percent of Toronto DTC graduates have not re-offended. There are hundreds of DTCs in the United States, where follow-up studies indicate that only three percent of program graduates re-offend.

DTC enlists the support of the whole community.

DTC involves a broad range of partners and stakeholders representing the justice system, the police and community groups. Partners work together to help offenders overcome their addictions and find safe housing and stable employment so that they can become productive members of the community.

DTC puts the onus on the offender.

Contact with the law often provides offenders with the motivation to seek help. DTC provides offenders an opportunity, participation is voluntary, to receive treatment and to take personal responsibility for their substance abuse.

Who is eligible?

DTCs in Toronto and Vancouver are currently restricted to non-violent offenders whose crimes were motivated by their addictions to heroine, cocaine or opiates. To be eligible, candidates must face possession or trafficking charges related to small quantities of drugs and must not have committed the offence solely for financial gain. In some jurisdictions (Ontario), offences related to prostitution may also be eligible.

Candidates are usually identified by Crown prosecutor during the charge approval process, following consultations with Duty Counsel . The offender usually pleads guilty to the offence, signs a waiver and agrees to be bound by the terms and conditions of the DTC program. Treatment sessions begin immediately.

How does the DTC work?

Program participants follow a structured outpatient program designed to reduce their dependence on illegal drugs. They attend both individual and group counselling sessions and receive appropriate medical treatments such as methadone maintenance. Random drug tests are mandatory. Participants must also appear regularly in court, where a judge reviews their progress in consultation with the DTC treatment team. Based on their progress, the judge can either impose sanctions (ranging from verbal reprimands to expulsion from the program) or provide rewards (ranging from verbal commendations to a reduction in court appearances). Participants initially attend court sessions twice each week; they attend less often as they learn to manage their drug use and take control of their lives. DTC staff work with community partners to address participants' other needs, such as safe housing, stable employment and job training.

Completion of the Program

Offenders participate in a DTC program for approximately one year, or until they demonstrate control of their addiction, find stable housing and begin a job or training program. At that time, criminal charges are either stayed or the offender receives a non-custodial sentence.
If unsuccessful, an offender will be sentenced as part of the regular court process.

How is the DTC funded?

DTC is a pilot project funded by the Government of Canada's National Strategy on Community Safety and Crime Prevention. An innovative, co-operative and effective program, DTC is part of the Government of Canada's balanced approach to crime reduction.

For more information:

Department of Justice: www.canada.justice.gc.ca
(613) 957-4207

Toronto Drug Treatment Court
(416) 973-1314

Vancouver Drug Treatment Court
(604) 775-5120

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Department of Justice
May 2003