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When someone commits a crime that is motivated by drug addiction, they may be eligible to have their criminal charges resolved through the Toronto Drug Treatment Court (TDTC). TDTC is a judicially supervised drug treatment and rehabilitation program for accused persons. This program is designed for those whose criminal charges arose out of behaviour motivated by drug addiction.
Accused persons who are addicted to cocaine, crack cocaine, heroin or other opiates, or methamphetamine are eligible for acceptance into the TDTC program. It's important to note that the court recognizes that drug addiction is a mental health problem. This problem can motivate criminal behaviour that the accused person may not otherwise commit.
If an accused person wants to enter the Toronto Drug Treatment Court, there are certain steps they must follow. Firstly, they must fill out an application. After the application, they must seek acceptance into the TDTC Program from the Crown Attorney. Following this, they should read and sign a Rule and Waiver Form. This form is provided by their defence counsel or duty counsel. Lastly, they must plead guilty to their charges.
Not everyone with a drug addiction is accepted into the TDTC Program. Participants might be screened out of the program if they are charged with a crime that is deemed to be significantly violent or associated with drug trafficking for commercial gain. Additionally, charges associated with drug-impaired driving or putting young people at risk can result in exclusion from the program.
Similarly, those who have a recent or significant history of violence or have previously completed the TDTC Program might not be accepted. If an accused person was previously enrolled in the TDTC program but did not complete it successfully because they were expelled or withdrew, they might still be accepted into the program a second time. However, in these cases, it would be up to the defence to persuade the Crown that they should be admitted.
The TDTS screening involves six phases.
In the first phase, known as Crown Screening, the Crown reviews the accused’s application and questionnaire, the allegations against them, and their criminal record, and has input from the police to assess if admittance into the TDTC Program would pose a public safety concern.
The second phase involves a preliminary addiction assessment. In this stage, a brief assessment of the accused is done by the TDTC workers from the Centre for Addiction and Mental Health (CAMH). This assessment could be conducted either in court or in custody, depending on if the accused has been released.
Next, there is a TDTC Team pre-court discussion. This is a discussion about the applicant that takes place between the Crown, the TDTC worker, the Probation officer, the Defence counsel, the bail program and the TDTC judge.
The fourth phase is an in-court Interview by the TDTC Judge. In this phase, a frank discussion is held in court to ensure that the accused understands the seriousness of the program as well as the rights they must waive in order to be eligible for the program. Following this discussion, the accused will at this time plead guilty and be released on strict bail conditions to allow them to attend the program.
In the fifth phase, an in-depth addiction assessment takes place at CAMH. Conducted by a therapist at CAMH, this is a more thorough assessment that occurs one day following the applicant’s admittance into the program.
Finally, the sixth phase includes a 30-day assessment period. Once CAMH has approved the accused as a suitable candidate, they participate in the TDTC program on a provisional basis for 30 days. If in this period of time, either the accused or the TDTC program workers feel that it is not an appropriate match, the accused's guilty plea is struck and they are returned to the regular criminal justice stream. If after 30 days, the accused is determined to be an appropriate match, they must formally accept admittance into the TDTC program. Once the accused is formally admitted, they relinquish the option of having their guilty plea struck.
Upon successful completion of the drug treatment or rehabilitation program, the accused will receive a non-custodial sentence. However, if the accused does not successfully complete the program, they will usually proceed to sentencing. In some circumstances, they may be able to have their matter returned to the regular court process.
It's crucial for an accused person considering TDTC to understand that their acceptance into the program is dependent upon their guilty plea. A guilty plea comes with certain contingencies and may not be the best way for them to resolve their criminal offence charges. If you have been charged with a drug-related criminal offence or any other criminal offence, it's advisable to contact Kostman and Pyzer, Barristers, for advice.
