According to a June 23 news release, the Moncton Addictions and Mental Health Court Program will serve as an alternative to traditional justice by “build[ing] on court-diversion models” and providing “broader access to mental health and addictions services.”
To be deemed eligible, “a person’s criminal behaviour must be associated with moderate to severe substance use, a gambling disorder or mental illness,” states the release.
It notes that “[p]eople charged with summary conviction offences are eligible, subject to approval by a Crown prosecutor.”
A separate information page on the program describes summary conviction offences as “less serious than indictable offences.” Examples of what the new program could deal with include shoplifting to support an addiction, uttering threats or causing a nuisance “as a result of significant mental illness.”
The program will be open to those 18 and older.
It is set to start March 2026.
An offender could be deemed eligible for the program if their criminal actions are connected to “moderate to severe” substance use, gambling addiction and/or mental illness.
Also, they must not be in remand custody and must accept responsibility for the offence. Eligibility also depends on whether their level of risk can be managed in the community, whether they are able to understand the goals of the program and whether resources are available.
A spokesperson with New Brunswick’s Department of Justice and Public Safety called the Moncton program the “first of its kind in the province” and confirmed it is different from the mental health court running in the city of Saint John.
“The Moncton program includes addictions and will operate within all of the Moncton provincial courts, rather than a separate court,” they said in an email to Law360 Canada.
(The Saint John mental health court started as a pilot project in 2000 and was made permanent in 2004. It was suspended in 2013 following the retirement of the court’s founding judge but re-established in 2017 following outcry from advocates.)
Offenders considered ineligible for the Moncton program would include those who have committed “serious violence or drug offences,” those accused of sex offences involving a victim under 16, those facing offences connected to mandatory minimum prison time, offenders for whom prosecutors are seeking a sentence of more than two years, and those facing driving-related offences that resulted in physical injury to the victim.
Special personnel will be brought on board to assess eligibility, and offenders who complete a court-mandated treatment plan could see their charges withdrawn, states the release.
“Court navigators will be hired to work directly with Crown prosecutors and people facing charges to assess eligibility,” it states. “The navigators will also refer participants to appropriate community supports and services, which may include housing. If the treatment plan is completed, charges will be withdrawn.”
New Brunswick Justice Minister and Attorney General Robert McKee said in a statement that the new program “supports the government’s commitment to expand mental health court access and promote alternative pathways of justice.”
“This is a huge step in helping those facing criminal charges for offences influenced by their addictions and/or mental illness,” said McKee, who is also the minister responsible for addictions and mental health services. “By connecting individuals in the justice system with effective and dignified treatment, we are emphasizing support, accountability and recovery over punishment.”
The program’s info page states that the initiative will give offenders broader access to treatment, prioritize their recovery, reduce the chances of reoffending and improve court efficiency.
The process will go like this: Crown prosecutors will first identify someone who is potentially eligible for the program. Their case will then be referred to the court navigator to assess eligibility. If deemed eligible, the offender will be pointed in the direction of applicable services and put under the eye of probation officers. “Monitoring appearances” will be held before a judge. If the offender is successful in the program, their charges will be withdrawn.
Supports would include addiction and mental health services, withdrawal management, cognitive behavioural therapy, medication-based opioid treatment and psychiatric treatment.
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