The Director of the Federal Department of Public Prosecutions (Alberta) agreed in January 2005 to participate in a proposal for a drug treatment sentencing pilot project. The project was organized to provide empirical as well as anecdotal evidence of the type and number of cases that might be expected to come before the Courts in Edmonton upon the commencement of a Drug Treatment Court. The project also presented an opportunity to test the fundamental DTC program design philosophy and elements. Finally the experimental pilot was an opportunity to increase the visibility of the intended DTC program, and to begin the process of community mobilization and engagement.
The experimental pilot project was sponsored by the Prostitute Awareness Action Foundation of Edmonton (“PAAFE”), the Provincial Court of Alberta and the Federal Prosecution Service. Discussions were held with representatives of the Edmonton Criminal Trial Lawyers Association and the Edmonton Drug Treatment Court Steering Committee in January 2005. A grant from the Restorative Justice program of the Alberta Department of Solicitor General was obtained by PAAFE to support the operation of the experimental pilot project.
The experimental pilot was based upon a Court-supervised sentencing process in which a unique sentencing approach (unique to a DTC) is taken in selected appropriate minor drug trafficking and other eligible cases. The pilot was established using the (then) draft Edmonton DTC Federal funding proposal. Specifically, the concepts contained in the draft Proposal were applied to an identified group of individuals arrested and charged with drug trafficking offences in Edmonton during December, 2004. The subject group was identified by the Edmonton Police Service investigation name "Girl Interrupted", which was a special undercover police drug enforcement operation targeting prostitutes in a core area of the city of Edmonton between August and December 2004. The police operation culminated with the arrest of 55 individuals between December 4 and 6, 2004, all of whom were charged with minor drug (cocaine) trafficking offences and detained in custody.
In January 2005 an operational branch of PAAFE, a prostitution offence diversion program entitled “C.O.A.R.S.E.” (Creating Options Aimed at Reducing Sexual Exploitation) [which also operates a “John School” in Edmonton], appointed a case manager for the experimental pilot project. The case manager was the point of contact for arrested individuals who wished to apply for and be admitted into an individualized supervision and drug treatment program during the course of the project. The experimental pilot project was approved, commenced on March 4, 2005 and was scheduled to operate until approximately July 31, 2005.
Applicants were evaluated (as to substance abuse) by means of screening criteria, developed by AADAC, to establish addiction as well as suitability for supervision, and secondly by the Federal Prosecution Service Director or his designate (using the Toronto DTC legal eligibility criteria), for suitability for mitigative sentencing if addiction treatment was satisfactorily undertaken by the applicant. The Crown screening factors (as to legal eligibility) were also consistent with those specified in the Edmonton Drug Treatment and Community Restoration Court financial proposal to the Department of Justice Canada.
The experimental pilot project was completed on schedule and within budget. Interested accused persons sought admission, and a certain number were screened by the case manager and accepted for entry by the FPS. Each participant underwent substance abuse assessment, executed a Waiver, plead guilty, and proceeded to be supervised by the Court. All were required to undertake a treatment, recovery and rehabilitation program, which each was required to help develop. Participants were required to appear in Court on a weekly basis before the designated Judge of the Provincial Court in Edmonton. Thus, the essential features of the experimental pilot were reflective of the intended Edmonton DTC program. The relevant statistics from the experimental pilot are as follows:
- Individuals approaching the case manager for information or to apply to be considered for the pilot: 31
- Individuals who applied and were approved by the case manager for the pilot: 13
- Individuals approved by the Crown and who entered the pilot: 11
- Participants who voluntarily withdrew from the pilot: 3
- Participants in the pilot program as of April 13, 2005: 8
- Participants who graduated: 3 (a 4th would have graduated, but failed to appear on her last court date [July 27 2005], and that person’s whereabouts remains unknown)
- Proportion of approved pilot project applicants to sample (interested arrestees) group: 41.94% (13/31)
The number of new drug prosecution files handled by the Federal Prosecution Service in Edmonton from April 1, 2004 to March 31, 2005 was reported to be approximately 2300. This includes all types of charges from simple possession to trafficking and production, and respecting all classes of controlled substances. Based on the result of the pilot project, it may be predicted that approximately 300 potential drug treatment court participants might be identified over a one-year period. Of these, 25-40 could potentially be considered eligible for admission. If 30-40 applied for entry in a given fiscal year, it can be predicted that between 10 and 30 could be admitted, with 50-70% of those actively participating, and therefore 6-15 eventually completing the program. All would be sentenced or see their cases disposed of before the courts in any event. It should be noted that any significant participation will have beneficial effects, even where the participant withdraws or is expels, and this hypothesis was shown to be the case during the experimental pilot. Thus, successful outcomes from the DTC program are expected from both graduates as well as those participants who receive treatment but ultimately do not graduate.
As part of the Restorative Justice Program grant from Alberta Solicitor General, the experimental pilot was evaluated by an external evaluator. As stated in the Evaluation Report (dated September 2005, and presented in a public meeting in the Edmonton City Hall on September 20, 2005):
“The objectives of the pilot project were as follows:
- The criminal justice system, community and government stakeholders learn from this pilot project and apply this knowledge to the development and implementation of the DTC.
- DTC pilot project participants achieve the satisfaction of completing their treatment program and accomplishing personal goals of addressing their addictions and the criminal consequences of their addictions.
- Justice is served through behavioural restrictions and conditions imposed on participants by the Judge and, justice is restored through the improvements in the lives of participants, as they become productive members of the community.
- Community commitment for a drug treatment court in Edmonton is increased and strengthened through the presentation and publication of the pilot project evaluation.”
The Evaluation Report concluded that all four project objectives were achieved, as indicated in the following excerpt from the Executive Summary:
“Was the DTC as success? Yes it was. It achieved the objectives that were set and it demonstrated that this concept could work in Edmonton. It also demonstrated the potential for cost savings to the criminal justice system, the community and society as a whole over the long term. It is clear that for every person who moves out of the cycle of addictions and criminal behaviour, the benefit to society is immense.
Although many of the original participants did not make it to the end of the program, those that did make it, made it through against all odds. Those who successfully completed their conditions offer some valuable lessons through their candour and their determination. Those that didn’t taught us lessons as well. All those who attended more than one court session achieved a measure of success. Some were able to remain drug free for longer than they had ever been “clean” before. They learned that a different lifestyle was possible. Most of those who did not participate in the DTC have faced or will face a trial and a period in custody.
Everyone who was involved – from the participants, to the lawyers, to Judge Wong – has indicated that this was a valuable experience. The participants have learned that there are many things they can achieve. They have earned the respect of the court for their hard work and the court has learned from their experience. The court has also learned about the relationship between addictions and criminal behaviour and about restorative justice.”
The experience and lessons gained during the experimental pilot were of significant assistance in final program design, implementation, and the first phases of Edmonton’s DTC Program.