Editorial: Mental health and the justice system

The mental-health strategy proposed for Canada last week included some useful ideas for dealing with the issue when it comes to the criminal justice system.

Much of the discussion about the strategy released by the Mental Health Commission of Canada focused on the costs of proposals such as increasing the proportion of spending on mental health.

But the strategy also had suggestions for responding to the overrepresentation of people with mental-health problems in the justice system.

The strategy noted that besides the criminal behaviour itself, a “lack of access to appropriate services, treatments, and supports have also had a powerful influence on this situation.”

It cited estimates that rates of serious mental-health problems among federal offenders upon admission have increased by 60 to 70 per cent since 1997.

The strategy’s recommendations for change include more access to programs to divert people with mental-health problems from the corrections system; providing better services within the justice system; ensuring that everyone has a comprehensive discharge plan upon release into the community; addressing critical gaps in treatment programs for offenders with serious needs; and training for police, court, and corrections workers.

Interestingly, another report from the international human rights program at the University of Toronto Faculty of Law is tackling similar issues.

In fact, the report on Canada’s treatment of federally sentenced women with mental-health issues took a rather assertive tone in calling the country’s current practices a violation of its obligations under international law.

That report referenced the infamous case of Ashley Smith, the 19-year-old who died at the Grand Valley Institution for Women in 2007 after she tied a ligature around her neck.

Smith had suffered from mental-health issues for years and faced repeated segregation and transfers between facilities.

The U of T report criticized the corrections system for focusing too much on assessment rather than treatment, excessive use of segregation and transfers, and the use of force without regard for women’s underlying health issues.

It’s hard to argue with the reports’ conclusions and suggested reforms. Despite many good efforts, the justice and corrections systems have long struggled to deal with people with mental-health issues in a way that promotes the outcomes we all want: less crime, fewer people in jail, and people living healthier and more fulfilling lives.

Of course, many of the recommendations will cost money. But while the federal government has reacted coolly to the idea of new spending and budgets are tight, the strategy is a good way forward.

At the federal level, the government is already ahead in reducing its deficit, which means it should have spending room in the years ahead to move on improving mental-health services, including in the criminal justice system.
Glenn Kauth

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