Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m F E B R U A R Y 2 0 1 8 9 \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T REGIONAL WRAP-UP Quebec City's court, which was creat- ed five years ago, has an 18-month pro- gram (compared to a year in Montreal). Unlike Montreal, the court is also closed to the public, and accused who finish the program receive a certificate and handshake from the judge. "It's a much more personalized approach," says Éva Bouchard, a legal aid lawyer in Quebec City who has repre- sented about 20 people — many of them homeless — in the two years she has been practising law. "It's really geared to getting people back on track, whether it's them having to take medication and going to medical appointments or joining a group or doing something positive that will help them." Quebec's justice ministry has been the main driver in the development of these so-called therapeutic or restorative justice projects, which look at crime through the accused's mental illness and global state rather than the legal details. In addition to providing information and training, the ministry has launched several recent initiatives that aim to increase the access to and efficiency of the justice system and to make changes that allow it to better deal with social outliers like the homeless and people dealing with mental health and/or substance abuse problems. Those efforts got a big boost in early December when Justice Minister Stéph- anie Vallée tabled bill 168. The bill proposes 40 access-enhancing measures, many of them connected to mental health laws, action plans and strat- egies that have been developed in recent years to help Quebec deal with the legal and social fallouts from deinstitutional- ization. Despite the growing popularity of mental health courts and similar courts, such as drug courts, some legal observers say the jury is still out when it comes to their effectiveness. "One challenge these courts face is they require much more time and energy than traditional courts, which can deal with minor crimes much more rapidly," says Emmanuelle Bernheim, who teaches mental health law at the Université du Québec à Montréal. Bernheim also points to the results of a recent study of Montreal's mental health court that found that more than half of the people in the PAJ-SM program were homeless. "The authors raised the notion of a two-speed legal system that permits a control of poor or marginalized social groups under cover of therapy," she says. She adds that the advent of mental health courts also touches human rights law, such as the legal limits of getting people who need drugs to take them. "The justice system is pushing very hard for the acceptance of this notion of therapeutic justice, which is very fashion- able right now," says Bernheim. "Only time and data will tell if it works. But right now, the enthusiasm of many of its proponents is not shared throughout the system." — MARK CARDWELL OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION Upcoming Programs Financial Statements for Legal Professionals March 1-2, 2018 (In Person) This interactive program will provide you with comprehensive and practical guidance in order to effectively analyze financial reports in your practice. Accident Benefits 2018: What's Current, What's Important? March 8, 2018 (In Person or Webcast) This year's program is particularly timely in view of increased experience with the new Licence Appeal Tribunal regime. A must-attend event for anyone working in the accident benefits field. 14th Annual Conference: Crown Liability March 21, 2018 (In Person or Webcast) Annual 'one-stop shopping' for practical analysis of developments affecting Federal and provincial Crown liability. Residential Landlord-Tenant Disputes: Practice Realities and the Impact of Bill 124 April 6, 2018 (In Person or Webcast) Join an expert faculty of lawyers and adjudicators as they examine the key aspects of residential landlord and tenant law Your time is valuable, so make the most of it. Invest your time with OsgoodePD's leading experts, and get the current knowledge and practical strategies you need to succeed. See the full listing of upcoming programs at osgoodepd.ca/ cle2018 WINTER/SPRING 2018 ntitled-4 1 2018-01-19 12:37 PM

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