James is a 30-year-old service industry worker. In October, a woman and her child stumbled onto James masturbating in an aisle in Walmart. He was arrested and ultimately pleaded guilty to committing an indecent act in a public place.
It was no surprise when he appeared in court on Monday that the young man has mental health issues and cognitive challenges.
The justice system is, in fact, fairly sensitive to mental health issues. In this case, a joint submission between the Crown and defence recommended a suspended sentence with 12 months probation that included conditions that will compel鈥攐r allow, if you prefer鈥擩ames to avail himself of the mental health services he needs.
Nevertheless, he winds up with a criminal record and a mandatory 10-year entry in the national sex offender registry.
It has long been recognized more needs to be done to prevent people with mental health issues from becoming involved with the criminal justice system and divert them when they do wind up offending.
Last year, the Province contracted Dr. Fern Stockdale Winder, a clinical psychologist, to design a mental health and addictions action for Saskatchewan. The doctor held more than 150 meetings and solicited the input of more than 4,000 people in preparing 16 recommendations with 46 sub-recommendations.
Among these is improving 鈥渢he response to the growing number of people with health and addictions issues coming into contact with police, courts and corrections.
At least 20 per cent of male and 35 per cent of female prisoners in Saskatchewan have confirmed mental health issues, the report estimates. Upwards of 75 per cent have substance abuse issues.
The three sub-recommendations are:
Increase the ability to appropriately screen offenders for mental health and addictions issues and provide appropriate services within correctional facilities and follow-up on release;
Ensure appropriate community services are available to support therapeutic diversion courts; and
Support police efforts to improve responses to situations involving individuals with mental health and addictions issues, including police partnering with mental health workers in crisis teams.
Saskatchewan, in fact, already has diversion courts in Regina, Saskatoon and Moose Jaw.
鈥淭he process provides a more effective way of managing offenders who commit crimes because of their mental health, FASD or cognitive issues,鈥� the Saskatchewan Courts website states. 鈥淚t uses a supportive case management model to help participants to reduce or eliminate criminal behaviour and maintain a healthy lifestyle. It uses a 鈥渃onnections approach鈥� to break down barriers and encourage participants to connect with community services. The value added in this approach is an increased capacity for assessment and improved access to mental health services and resources for offenders.鈥�
The stumbling block for implementing this plan is going to be money, as it always is.
The importance of doing it, though, is not only that it is the right thing to do from a human and societal point of view, but it also makes economic sense.
The corrections system is incredibly expensive to maintain. And not addressing mental health and addictions turns prisons into revolving door institutions. The more people we keep out of prison the better.
The government should make implementing this plan a top priority.
