Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

March 2019

Over the last year, the Department of Justice and Top three issues across each Public Safety has organized five Justice Summits across the province. The theme for these region as identified by participants Summits was “Out of the Silos: Implementing Solutions Together”. These forums provided Participants engaged in facilitated small table a space where various stakeholders could discussions and were asked to identify the top participate in an open dialogue and express their issues that they believed needed to be addressed thoughts on how they believe the criminal justice in the criminal justice system for each region. system is currently operating in each region Participants then voted on the top three issues and how challenges can be overcome through to discuss for the remainder of the day. The top collaboration. These forums have helped inform three areas noted by participants as issues are strategies on improving the criminal justice outlined below for each region. system in Newfoundland and Labrador. St. John’s The Justice Summits took place in St. John’s, 1. Offender’s underlying issues Happy Valley-Goose Bay, Gander, Corner Brook, 2. Lack of alternative processes and Marystown. Participants included judiciary 3. Court related delays and administrators from the Supreme Court of Labrador Canada, Supreme Court of Newfoundland and 1. Lack of alternative processes Labrador, the Court of Appeal, and the Provincial 2. Court related delays Court of Newfoundland and Labrador, as well 3. Issues regarding staffing as representatives from Indigenous groups, Corrections Services Canada, Corrections and Corner Brook Community Safety, RNC, RCMP, Provincial 1. Court related delays and Federal Crown, Office of the High Sheriff, 2. Lack of victim support services members of the legal community, community 3. Lack of alternative processes organizations, and others. Gander 1. Resource issues (including staffing, Participants were asked to identify what transportation, and infrastructure) they believe to be challenges in the criminal 2. Lack of appropriate services for mental health justice system within each respective region. and addiction issues The following is a summary of the perceived 3. Access to Legal Aid and geographical challenges and solutions as identified by distances participants during the five Justice Summits. Marystown 1. Issues regarding staffing 2. Lack of appropriate services for mental health and addiction issues 3. Geography and transportation issues Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Five universal provincial challenges as identified by participants There were five issues that participants identified as challenges at each Justice Summit.

1. Lack of Alternatives Processes: Lack of alternative processes within the current justice system, such as dispute resolution, restorative justice programs, adult diversion, and healing circles.

2. Transportation and Geography Issues: Transportation to court appearances; transportation issues for victims and witnesses; and difficulty accessing services and criminal justice supports.

3. Court Related Delays: Issues with court scheduling; processing and receiving disclosures; and individuals left in custody for lengthy periods.

4. Lack of Mental Health and Addictions Services: Lack of appropriate services for persons with mental health issues; availability of local treatment programs and after hours support.

5. Issues Regarding Staffing: Lack of staff for courts, police, lawyers, and clerks; issues with staff retention and recruitment; and overworked staff due to shortages.

While some issues identified were region specific, issues with lack of alternative processes and staffing were identified in all five regions. It is important to note that these challenges and solutions were put forth by the stakeholders and participants of the Justice Summits and may not be reflective of all opinions or agreed upon by all those in attendance.

The following summary outlines the challenges and possible solutions as identified by participants during the Justice Summits. Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Issue 1: Lack of alternative processes (St. John’s, Labrador, Western Region, Central Region, Marystown)

Challenges identified by participants Possible solutions identified by participants • Lack of adult diversion programs • Invest in the creation of alternative and services, including Indigenous justice practices, including diversion and sentencing circles restorative justice programs • Lack of resources: • Implementation of accessible alternative • To develop alternative process courts, including Drug Treatment Court, • For youth diversion sexual assault, family violence, and mental • For high-risk offenders and health courts alternatives to current justice • Public education and awareness of the process public on alternative processes • Lack of awareness and education for • Incentives for accused to go through communities in understanding benefits alternative dispute resolution of restorative justice programs • Use of community partners to develop and • Limited options available for policing implement alternatives organizations and prosecutors for • Begin restorative justice pilots for small alternative justice practices and minor offences • Lack of specialized courts to help with • Use evidence based and best practice alternatives to the justice process models from other jurisdictions and Indigenous communities • Cultural sensitivity training for all criminal justice staff Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Issue 2: Transportation and geography issues (Labrador, Western Region, Central Region, Marystown)

Challenges identified by participants Possible solutions identified by participants • Isolation impacts staffing retention • Create hiring incentives and compensation • Services for individuals are too spread to encourage recruitment out, including circuit courts • Partner with airlines for travel and • Difficulty for staff to meet with clients accommodations who are not local (Legal Aid) • Video calls and conferencing: • Use of technology to alleviate • Utilize and increase access for court geographical issues is costly appearances for both victims and • Issues with prisoner transportation: accused • Staffing shortages • Explore cheaper and more cost • Costly effective options for video • Not efficient use of RCMP conferencing resources • Establish conference calling for RCMP • Heightened security risk and court • Jury duty travel costs are expensive • Assist witnesses in going to court, and only cover individuals selected including financial compensations and • Witness and victim transportation: transportation opportunities • Costly • Increase number of Sherriff Officers to • Limited means of transportation assist with prisoner transport and court security • Establish province-wide uniform practices with respects to courts • Provide education and awareness around subpoenas Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Issue 3: Court related delays (St. John’s, Labrador, Western Region)

Challenges identified by participants Possible solutions identified by participants • Delays in obtaining and accessing legal • Expediting disclosures: counsel: • Electronic disclosures • Issues with Legal Aid application • Setting deadlines for disclosures process • Providing disclosure clerks to help • Communication between Legal Aid expedite disclosure process and inmates limited • No charges or court dates until • Delays with disclosure: disclosures are received and vetted • Delays in defence counsel receiving • Establishing specialized courts and disclosure and pre-sentence report services: • No deadlines for disclosures, leading • Need for Drug Treatment Court to to delays in first appearances alleviate burden on justice system and • Issues with scheduling court hearings players involved • Minor infractions and lack of diversion • Need for interpretation and Gladue programs clogging court systems report services full-time in courts • Lack of staffing (i.e., judges, lawyers, • Dedicated bail court Legal Aid, etc.) impacts delays in cases • Afterhours court services being heard • Greater use of technology for: • Limited use of technology to help • Court appearances expedite court process • Disclosures • Limitations with infrastructure and physical • Scheduling system space: • Interpreters • Lack of physical space for jury trials • Legal support for individuals • Limited space for client lawyer • Increase Legal Aid certificates meetings • Access to walk-in legal clinics • Infrastructure issues with court rooms • Integrate Legal Aid offices with courts • Lack of dedicated bail court (Labrador) for better and more efficient system • Lack of knowledge of language and • Stronger partnerships between Legal culture (Labrador) Aid and Indigenous groups to help • Lack of persons to write Gladue Reports offenders (Labrador) • Address physical infrastructure issues of • Infrequent and geographically spread out the courts circuit courts • Increased circuit courts in rural areas Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Issue 4: Lack of appropriate services for people with mental health and addiction issues (St. John’s, Western Region, Central Region, Marystown)

Challenges identified by participants Possible solutions identified by participants • Lack of access to: • Greater access to and creation of services • Services in rural areas to be established for mental health and • Addiction services addiction needs • Treatment programs and facility • Establish a Mobile Crisis Unit with plain • Psychiatrist clothes officers • Mental health services • Create a mental health treatment center • Mental health court outside • Expand specialty and mental health courts St. John’s across the province • Limited afterhours mental health or • School based interventions for addictions crisis services (after 5:00 p.m.) and mental illness support • Difficulty in accessing prescription • Develop a family-based mental health and medication addiction program • Lack of training for staff to identify • Resources should be pooled to address mental health and addiction issues growing issues • Lack of information sharing between • Utilize technology to provide mental organizations regarding health needs health and addiction services of offenders • Need for stakeholder consultation • Complexity of issues of offenders (e.g., and collaboration with community mental illness, addiction, homelessness) organizations impacts service delivery • Mandatory mental health and addiction training for all staff involved in the criminal justice process, including judiciary Out of the Silos: Implementing Solutions Together JUSTICE SUMMIT — OVERVIEW

Issue 5: Issues regarding staffing (St. John’s, Labrador, Western Region, Central Region, Marystown)

Challenges identified by participants Possible solutions identified by participants • Understaffed and vacant positions for: • Greater staff support: • Sheriff’s Officers • Increase in salaries or incentives (i.e., • Provincial Court staff and clerks relocation packages) to better foster • Victim Services recruitment and retention • Police • Greater opportunities for training, • Casual/On-Call list job security for civilian staff, and • Issues with staff recruitment and contractual commitments for retention retention • Increased and accessible mental health • High workload and minimal staff lead to: support for staff • Staff burnout • Engage in mentorship and succession • Vacant positions/high turnover planning • Disconnect with clients and victims • Enhance university and focused • Lack of training and limited recruitment efforts opportunities • Creation of a relief team to help backfill • Social isolation for communities in positions Labrador • Better use of technology for video • Lack of appropriate training and conferencing for court appearances to resources for staff assist with the staff shortages with the courts

What’s Next? The challenges and solutions identified by stakeholders have been collected and analyzed and will be used to help inform the strategic direction for the department. These strategic priorities will be outlined in an Action Plan, which will highlight specific objectives of the department over the next year.

For more information: Pegah Memarpour Program and Policy Development Specialist Justice and Public Safety 709.729.0545 [email protected]