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Brandon lands mental health court

Brandon Sun, The (Manitoba, Canada) - 11/21/2015

A long-awaited mental health court is set to become a reality in Brandon.

Local judges have long wished for such a court, like the one that runs in Winnipeg, and Attorney General Gord Mackintosh announced yesterday that they'll get their wish.

"The proposed strategy that is up for public comment commits to expanding the mental health court to Brandon," Mackintosh said. "That's an important commitment in the strategy."

"The only questions that have to be addressed now is how quickly we can do that."

The new court is part of a five-year strategy under Manitoba's new Restorative Justice Act that was put into effect on Wednesday.

The plan will also see a boost in funding to Westman Mediation Services, run by the John Howard Society of Brandon, as part of a $320,000 investment in restorative justice in Westman and Parkland.

"We're very excited for this Restorative Justice Act to be proclaimed today," said John Howard Society of Brandon executive director Jamie Tompkins.

Restorative justice deals with crime outside the traditional court system through such means as mediation, restitution, treatment and counselling.

Last year, about 100 offenders took part in Westman Mediation Services restorative justice programs.

The mental health court diverts mentally ill accused from the regular court system in favour of treatment and aims to prevent repeat offending.

"Mental health courts make communities safer," Mackintosh said. "They reduce criminal involvement by those who have their mental health issues dealt with."

In Winnipeg, accused plead guilty to their charges and are placed on bail as they take treatment. If that succeeds, the charges are dropped or they receive non-jail sentences such as probation.

Shortly before the program started in Winnipeg in 2012, then justice minister Andrew Swan indicated that the program could eventually expand beyond the provincial capital.

Since then, Brandon judges have commented that the program is needed here. In recent years, the Brandon Police Service has reported an increase in calls involving mentally ill people.

In the absence of a formal mental health court, local defence lawyers, Crown attorneys and judges have been crafting sentences inspired by the Winnipeg Mental Health court on a case-by-case basis.

For example, two mentally ill men who led police on car chases were sentenced to probation instead of jail based on the advice of Crown and defence.

Earlier this year, a local justice committee was working to bring a mental health court here.

Mackintosh said there's no specific deadline for a mental health court to be set up here, but planning will begin "sooner than later."

Details about how it will work have yet to be settled.

In addition, the province will boost funding to Westman Mediation Services over the next 18 months.

That will allow the service to increase the number of facilitators, who run mediations and diversions, by two full- time staff. Currently there is one full-time position and one part-time.

The additional funding will provide extra support, such as training, to local justice committees and allow their expansion from Westman into Parkland.

It will also make referrals to restorative justice faster.

» ihitchen@brandonsun.com

» Twitter: @IanHitchen

SIDEBAR: Restorative strategy highlights

The strategy promises to:

* Create a nine-member prosecutions unit that will focus on the diversion of cases to restorative justice programs, before or after a person is charged with a criminal offence;

* Make mental-health and drug-treatment courts more accessible across the province;

* Set up a community court in the North End to deal with lesser offences in that area, following an example in B.C.;

* Establish a restitution recovery program for victims of crime;

* Increase funding for restorative-justice programs and for volunteer training, starting with $320,000 next year.

» Winnipeg Free Press