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regional wrap-up ATLANTIC well-intentioned but misguided: prof N.S.'s fi rst mental health court N ova Scotia's criminal justice sys- tem has its first mental health court — and that court is focus- ing more on the justice than the crimi- nal. "It ensures safety and at the same time ensures the accused's health needs are met," Justice Minister Ross Landry said at a news conference to announce the launch of the new initiative. The specialized court sits one day a week at the provincial court building in Halifax. Judge Bill MacDonald hears cases that have been recommended by a mental health court team as being eligible for the program. A team of lawyers and mental health profession- als are also at the courthouse to assess potential clients and assist them as appropriate. Cases traditionally brought before the provincial court are eligible for the mental health court with the exception of serious offences including murder and sexual assault. However, there will be no trials heard at this court. Its pur- pose is to identify alternatives to jail sentences and identify possible treat- ment programs. Before appearing, indi- viduals must have admitted to commit- ting the crime or been found guilty in provincial court. "This court will look at the person and their illness, not just their crime when it comes to administering justice," says Landry. It may be an ineffective glimpse. There is presently little empirical sup- port for the efficacy of mental health courts, and certainly not enough to justify their advancement, compared to other proven alternatives, says Archibald Kaiser, a professor with the Schulich School of Law and department of psychiatry at Dalhousie University. "There is a tendency, in proposing mental health courts, to oversimplify the complex reasons that bring persons with mental health problems into con- flict with the law," he notes. Ironically, Kaiser points out, the driving force behind these special courts — the stigma of mental illness — is actually further propagated by the courts. In addition, he says: "The creation of mental health courts may encour- age the charging of people with men- tal health problems and the use of the courts rather than pursuing other options." — DONALEE MOULTON donalee@quantumcommunications.ca HALIFAX WANTS ITS OWN COURT SYSTEM court system such as is already up and running in Ontario. It would reduce the bur- den on both the provincial court system and city coffers. At present, the munici- pality forks out approximately $1 million a year for its legal department and police force to go to night court, where the majority of summary offences, traffic tickets, and municipal bylaw violations are heard. There's also money to be made in running a municipal court, according to Kelly. H He estimates the province is currently raking in as much as $4 million a year from municipal cases. It's money that's likely to remain with the province. Kelly has already broached the idea — unsuccessfully — with Nova Scotia's former Tory government. Now he must persuade the new NDP government. It appears it will be a hard sell. Justice Minister Ross Landry told The Chronicle Herald he'd consider looking into the issue. However, he noted, "I'm not in favour of that idea." "I think the court system, the way it's set up right now, is fine," he added. "To set up another court process, I don't see it as adding value to the system." — DM Searching for a better way to attract candidates? www. C ANADIAN Law ye rmag.com FEBRU AR Y 2010 7 alifax mayor Peter Kelly is looking for a little justice for his city — in the form of a municipal court. For Kelly, there are no downsides to the establishment of a municipal