Court Process

Entry into DTC is by application. The Crown retains discretion in screening all applications for eligibility based on specific criteria and criminal charges.

Assessment:

When approved by the Crown, the applicant enters a period of risk and addictions assessment to identify addictions issues and related needs to be addressed in treatment/case management plans. Additional eligibility requirements include a defined nexus between an addiction and criminal behaviour, a high risk for continued drug use related criminal involvement and a willingness to engage in treatment. If the applicant is assessed as eligible and is interested in continuing with DTC, their case is discussed at the DTC Team meeting and they are given the opportunity to meet with their lawyer to review the agreed statement of facts and sign the required DTC Waiver and Consent.

Guilty Plea:

Participation in DTC is voluntary and based on the advice of a lawyer. Participants must enter guilty pleas to the charges before the Court but have the option to withdraw without prejudice within the first 60 days of DTC. After the guilty plea, participants are released on DTC release conditions to engage in treatment and case management plans with frequent, random drug testing while routinely attending DTC. The Coordinator/Case Manager and Addictions Specialist are responsible for reporting progress and issues to the DTC Team at team meetings, where discussions focus on progress and problem solving compliance issues. Supervision is shared through collaborative decision-making among members of the DTC team by responding rapidly to conditions that may lead to relapse or further criminal activity by participants.

The Court supervision, treatment and case management range from 9-18 months as participants work towards goals of dealing with their addiction(s), improving community functioning and remaining charge free. The DTC Judge is pivotal in engaging with each participant, using individual contact, incentives and sanctions to encourage a participant’s progress and performance. The DTC Team decides on when a person has satisfactorily completed criteria for sentencing.

Drug Testing:

Drug testing is a required component of all DTCs and is essential for both treatment and case management. Drug testing is used as a clinical tool to encourage honesty in reporting drug use and to support progress in addressing addictions and case management issues. Testing is generally point of care testing with a report of positive or negative results and the types of drugs present. The Addictions Specialist or Case Manager share testing results with the DTC Team with the consent of the participant.