London Ontario:
Youth Therapeutic Court
1
AFCC-O CONFERENCE PRESENTATION:
LONDON, ONTARIO
OCTOBER 17, 2014
What’s Ahead…
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1.
2.
3.
4.
5.
Introduction of Panel Members
Youth Therapeutic Court: Brief Overview
Individuals and their Role
Intersections and Gaps: The lines that should cross
but don’t
Questions
1. Introduction
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PANEL MEMBERS
Panel Members
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 Ko Bhamra, Defence Counsel
 Kenna Dalrymple, Assistant Crown Attorney
 Josh Peters, Team Lead Youth Therapeutic Court
Program
 Justice Eleanor Schnall
2. Youth Therapeutic Court
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A BRIEF OVERVIEW
Overview of YTC
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 Purpose and History
 Handout Detailing YTC Process
 YTC Team
YTC Team
 Judge
 Crown
 Defence Counsel / Duty Counsel
 Youth Mental Health Court Worker (YMHCW)
 Education (TVDSB)
 Probation
 Children’s Aid Society
 St. Leonard’s Community Services
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Overview of YTC
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 YTC / MHD – Two Streams
 Who qualifies for YTC
 Screening: class of offenses
 Mental Health
Criminal Sentencing Process
 Conditional discharge and conditions
 Probation
 Options for sentencing can be informed by
MHD assessment
 YTC clinician acts as consultant to inform
probation conditions
 Facilitates referrals to various mental health
community resources
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Diversion
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 No Plea
 Sign a contract
 Monitored 1 year by YMHCW
 Charge is stayed upfront
 Charge can be revived for non-compliance
How do they get in?
 Screening for YTC suitability
 Charge
 Voluntary
 Mental Health Disorder/Developmental Delay/
Acquired Brain Injury
 Significant Family/Historical Issues
 Repeat Offending/Chronic Instability
 Significant Risk Issues
 Developmental/Complex Trauma History
 In Need of Support/Links
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3. Individuals and their Role
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Individuals and Their Role
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 Ko Bhamra, Defence Counsel
 Kenna Dalrymple, Assistant Crown Attorney
 Josh Peters, Team Lead Youth Therapeutic Court
Program
 The Honourable Justice Eleanor Schnall
Individuals and Their Role
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 Ko Bhamra, Defence Counsel
 Role of Advocate
 Restorative Justice
 Lawyer for young person
 Options
1.
2.
3.
YTC / MHD or
YTC / GP + Sentence or
Not YTC - NG Trail
Individuals and Their Role
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 Crown
 Role of Prosecutor

Problem Solving Approach vs. Adversarial System

Receive information of YMHCW and YTC Team

Screening for Mental Health Diversion

Resolution and Sentencing of Youth
Individuals and Their Role
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 Clinician
 3 components
Intake
 Youth Mental Health Court Worker
 Assessment
 Mental Health Diversion
 Team Leader

Assessment Process

Interviews (Youth & Family/Caregivers)

Collateral information

MAYSI 2 Screening / Resiliency Measure

Psychiatric Consultation if Required

Ongoing Assessment of Risk

Observation & Monitoring Phase

Proposed Conditions
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Diversion Conditions in the Contract
 Residence
 Education
 Mental Health Monitoring
 Community Support & Programming
 Socialization
 Recreation & Leisure
 Cultural Considerations
 Please see example of Contract
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Individuals and Their Role
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 Clinician
 3 components
Intake Worker
 Youth Mental Health Court Worker
 Assessment
 Mental Health Diversion
 Team Leader

Individuals and Their Role
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 Justice Eleanor Schnall
 What is it like?
 Why is YTC different?
 YCJA Section 34 Assessment
4. Intersection and Gaps:
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LINES THAT SHOULD
CROSS BUT DON'T
Intersection and Gaps:
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 Defence Counsel:
 Big Disconnect equals gaps
Lack of information from service providers
 Communication between youth’s lawyers


Different Court Systems


Consent, Confidentiality and Limitations


Adult criminal, family court, child protection, youth court
YCJA
Expectations
Intersection and Gaps
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 Clinician – Youth Mental Health Court Worker

Job of youth mental health court worker is to gather this
information regarding

Children’s Aid Representative on the YTC team

Child protection matters
YCJA
Section 19 Conferences
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LINES THAT DO INTERSECT
YCJA Section 19 Conferences
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 YCJA Section 19. (1) A youth justice court judge, the
provincial director, a police officer, a justice of the peace, a
prosecutor or a youth worker may convene or cause to be
convened a conference for the purpose of making a decision
required to be made under this Act.



(2) The mandate of a conference may be, among other things, to give
advice on appropriate extrajudicial measures, conditions for judicial
interim release, sentences, including the review of sentences, and
reintegration plans.
(3) The Attorney General or any other minister designated by the
lieutenant governor in council of a province may establish rules for the
convening and conducting of conferences other than conferences
convened or caused to be convened by a youth justice court judge or a
justice of the peace.
(4) In provinces where rules are established under subsection (3), the
conferences to which those rules apply must be convened and conducted
in accordance with those rules.
Intersection and Gaps:
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 Lines that do intersect:
 YCJA Section 19 Conference

Purpose

Who is invited

How are Section 19 Conferences organized
Sec. 19 Judicial Conferences
 Can be called at any time
 Informal and “off the record”
 All inclusive when in the best interest of the




youth
Utilized to inform issues and subsequent
planning
Used to keep youths on track
Used to bring community partners/circle of care
together
Give youth a voice
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Intersection and Gaps:
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 Lines that do intersect:
 YCJA Section 19 Conference

Clinician
 Prepare youth for process – emotional, psychological
 Provide information to crown
 Follow up on recommendations
Kristy
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 Interaction with Family Court
 Parents separating fighting custody and access
 Section 19
 Bring all parties involved
 Discuss best interest of youth
Intersection and Gaps:
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 Lines that do intersect:
Defence Counsel
 Monitor attendance to protect youth rights
 Follow up after Section 19
 Judge

Faith
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 Section 19
 Faith using her voice
 Crown intervention
Intersection and Gaps:
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 Doing it Better
 Education


Lawyers, Judges, Justice of Peace, Social Workers
Cross-disciplinary Conference
5. Question
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AUDIENCE PARTICIPATION
Questions
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 Ko Bhamra
 Kenna Dalrymple
 Josh Peters
 Justice Eleanor Schnall
Thank You
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 Contact information
 Kenna Dalrymple
Crown Attorney Office
 Kenna.Dalrymple@ontario.ca


Ko Bhamra
Defence Counsel (519) 642-4544
 kbhamra@bellnet.ca


Josh Peters
London Family Court Clinic (519) 280-3736
 Josh.Peters@lfcc.on.ca


Judge Schnall

London Court House (519) 660-2707