Mental Health Week runs May 4 to 10 and is a timely reminder that mental health touches every corner of our lives, including the justice system.
People with mental illnesses are overrepresented in the Canadian justice system, and when someone navigating a mental health crisis finds themselves involved in a legal issue, the experience can be overwhelming and complex.
Sean Hartford, a staff duty counsel lawyer with Legal Aid Alberta, outlines what Mental Health Court is, how it works and why access to support can make such a difference.
We often hear that people with mental health issues are overrepresented in the justice system. Why is that?
Often it comes down to a lack of access to consistent mental health care — things like doctors, medications, counselling or stable supports. When supports aren’t available, situations can escalate into crises that involve police or courts. We see this playing out in the justice system, people cycling in and out of court because their mental health needs aren’t being addressed.
What is Mental Health Court, and how is it different from regular criminal court?
Mental Health Court is unique to Edmonton, and it focuses on treatment and recovery rather than punishment. Its biggest difference is in the access to support it proves. It brings the court, lawyers and health professionals together to work together to develop a plan for success and focus on long-term solutions.
There are two ways for people to enter Mental Health Court. The first, called the involuntary stream is for those where there may be concerns if they are fit to stand trial or if they have the capacity to understand what is happening. They will be assessed and then return to the court when a decision has been made. The second stream is voluntary and it’s for people that meet certain criteria and focuses more on rehabilitation and less on punishment.
Who is Mental Health Court for and how does Legal Aid Alberta duty counsel help people through it?
It’s for people in the justice system who are living with mental health challenges. Duty counsel plays a hands-on role, especially for people without a lawyer. We help connect them to treatment and supporting them through realistic bail or sentencing plans.
How does Mental Health Court change outcomes? And what do you wish people understood during Mental Health Week?
Mental Health Court creates space and provides supports such as connections to housing, addictions treatments or mental health resources to address underlying issues instead of pushing people through quickly. Getting that support allows people to manage their mental health issues so that they are not coming back into contact with the justice system. Mental health challenges affect people from all walks of life, and when we treat them as health issues, outcomes improve for everyone.
Learn more about Mental Health Court on Global Edmonton
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