JHS: CORRECTIONAL INSTITUTIONS HAVE BECOME WAREHOUSES FOR THE MENTALLY ILL.
Perrin Valli, Guelph Criminal Defence Lawyer, often represents people suffering with mental health and addiction issues. If your friend or loved one has been charged by the Guelph police or the Wellington County OPP and is suffering from mental health or addiction issues, Perrin Valli can help.
A new website created by the John Howard Society (the “JHS”) seeks to change the way that we deal with addiction and mental health issues in the justice system.
The Status Quo
Many in Ontario mistakenly believe that people with addictions or mental health issues receive treatment while in jail.
Presently, at least in the vast majority of cases, this is simply not true. Treatment is sometimes made available to persons serving sentences in custody, but usually, only for jail sentences longer than 5-7 months. For example, the Ontario Correctional Institute in Brampton (“OCI”) runs addiction and mental health treatment programs, for those sentenced for more than 5 months, but those programs have very limited space. Also, many people with mental and/or addictions are found guilty of only minor or non-violent offences which do not attract jail sentences in this range or are only found guilty and sentenced (whether after a guilty plea or a trial) after having already served their sentence and then are released on “time-served”.
For those in-custody awaiting their trial (because they cannot meet the requirements for bail), treatment is usually not available and where available, is extremely limited. People charged with minor or non-violent offences often simply move through a cycle of brief periods in custody (too short to qualify for treatment options like at OCI) before being returned into the community. These brief periods of incarceration disrupt and often end supports or treatments that the individual was accessing prior to their arrest and incarceration, especially where the individual does not have stable housing or is suffering from concurrent mental health and addiction issues. Even where treatment is available in-custody, the system does not effectively connect these people with continuing treatment upon their release from custody.
Even people suffering from acute mental health crises (including psychotic episodes) are often arrested and held in jail instead of being taken to hospital for psychiatric treatment even when only charged for minor or non-violent offences committed while in crises. People taken into custody in the midst of a mental health crisis who are too unwell to understand the court processes are held in custody awaiting a bail hearing to proceed only at a point when the person is “well” enough. These people may receive psychiatric treatment while in-custody. Unfortunately however, for most, the only availability for pre-trial acute psychiatric treatment creates a significant risk of indefinite detention in a psychiatric jail, even where the accused is charged with only minor or non-violent offences.
Broken Record - the JHS’s New Website
In 2013, the John Howard Society released a report called “Unlocking Change - Decriminalizing Mental Health Issues in Ontario”. This extensive report highlights the way our justice system is failing our mentally-ill and by extension our communities. The JHS have now also lunched a new website, called “Broken Record” seeking to raise broader awareness of these issues.
On the website, the Society makes a number of recommendations aimed at tackling the criminalisation of the mentally-ill in Ontario, including:
A strong community mental health system to ensure that people get care long before issues escalate to the point of triggering involvement in the criminal justice system;
Less reliance on police for intervention in mental health crises, and a greater use of dedicated first responders trained in handling mental health cases humanely and effectively: the mental health equivalent of paramedics;
Restrictions on the involvement of the justice system for people with mental health issues, and emphasis on harm reduction when the mentally-ill do come into the justice system.
The adoption of a “charge approval model”: where a Prosecutor must approve a charge before it can be laid. This way, only charges that have sufficient evidence for conviction and serve the public interest proceed. At present, police lay charges and the prosecution is required to review the charge only after it is laid and sometimes this review does not happen quickly enough.
Treatment for addiction and mental health issues should be made available for those in-custody.
Assessments for Mental Health and Addition issues should be mandated to occur within 96 hours of an accused person’s admission to jail.
The system should be able to seamlessly transition services and treatments from the community into the jail and back again. The system should be able to accommodate seamless, coordinated care, including access to medication, harm reduction measures and methadone. To achieve this outcome, the Society recommends that the Ministry of Health should assume responsibility for the provision of all health care in jails to ensure continuity and equality of care.
Wellington County and Guelph are not well-served by the criminalisation of our mentally-ill. The status quo creates safety risks for us all by inadequately treating those who may commit offences while unwell. There is much human suffering that we could avoid or minimise in our community through proper community-based (out-of-custody) mental health supports and treatment. Instead, this suffering continues on a daily basis as our justice system cycles our mentally-ill and addicted friends, neighbours and family members, in and out of custody without ever addressing the underlying health issues.
If you or a friend or loved-one are caught in this cycle, and has been arrested in Guelph or Wellington County, contact Perrin Valli.
I am a permanent resident. If I am convicted of impaired driving - will I be deported?
If you are a non-citizen charged with an impaired driving offence in Guelph, Perrin Valli is an experienced Guelph impaired driving lawyer. This is a complicated and technical area of law that can have severe immigration consequences. Perrin Valli is a Guelph criminal defence lawyer who will work hard to make sure you get the best defence.
As part of the changes to the law governing cannabis in Canada (Bill C-46 which came into force in December 2018), the federal government changed the impaired driving provisions of the Criminal Code. One of the changes made the maximum sentence available for an impaired driving charge go from 5 years in jail to 10 years in jail (see section 320.19(1) of the Criminal Code).
This change means that a conviction for an impaired driving offence triggers deportation proceedings under the Immigration and Refugee Protection Act. Section 36(1)(a) of that act states:
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
As a result, a conviction of an impaired driving offence under the Criminal Code, (even if it only results in a sentence of a fine and driving prohibition), renders a permanent resident (or foreign national) “inadmissible for serious criminality” and deportation proceedings are commenced. In some cases, the permanent resident may have a limited opportunity to appeal any deportation order. In other cases, there is no opportunity to appeal.
You should consult with an Immigration Lawyer to determine the rules governing eligiblity for an appeal of a deportation order and to discuss the chances of success of any such appeal.
Unfortunately, because an impaired driving conviction now constitutes “serious criminality” under Canadian immigration law, this means there can be (in the words of Canada Immigration Minister Hussen “disproportionate immigration consequences for non-Canadians” as a result of the Bill C-46 impaired driving amendments.
The Immigration Law section of the Canada Bar Association wrote a letter to the federal government in July 2018 notifying the government of this problem and advocating for changes to be made.
Sadly, as of the date of writing, the government have not made changes to the immigration rules or to the Criminal Code to prevent these disproportionate consequences for non-Citizens. This continues to create unimaginable stress for non-Canadians caught up in the criminal justice system often for the first time.
If you are facing impaired driving charges in Guelph, you should contact Perrin Valli to discuss your case.
I defend impaired driving charges and I can help you.
Call or email me to set up a free consultation.
Are prosecutors withdrawing all simple possession charges?
Each case is assessed separately by prosecutors using these guidelines. Simple possession of a controlled substance remains a criminal offence punishable by fines, probation, jail and a criminal record for life. A criminal record for possession of drugs usually results in denial of entry to the U.S.
Short answer: they are withdrawing more than ever, but not all. Each case is assessed separately by prosecutors using these guidelines. Simple possession of a controlled substance remains a criminal offence punishable by fines, probation, jail and a criminal record for life. A criminal record for possession of drugs usually results in denial of entry to the U.S.
Simple possession is a term used to refer to charges of possession of a controlled substance contrary to s. 4(1) of the Controlled Drugs and Substances Act.
Simple possession is a criminal offence, penalties for which can include a permanent criminal record, fines, probation, and jail.
On August 17, 2020, the Public Prosecution Service of Canada (the agency in charge of prosecuting drug charges in Canada), released a directive to their prosecutors regarding the prosecution of charges of simple possession of drugs.
This directive provides prosecutors with new guidelines to assist them in deciding how and when to prosecute someone charged with simple possession.
While the police are most often the ones to lay a criminal charge, the prosecutors are the ones who decide whether the case should proceed.
At the end of the day, this is an exercise in discretion on the part of the prosecutor. When deciding whether to spend the time and public resources needed to prosecute a simple possession charge, drug prosecutors are directed to think about:
Does the case fall within the most serious category of simple possession offences? Factors that increase the seriousness of a case include:
whether the offence was committed near children or near places frequented by children, or was otherwise committed in a place that created a safety risk for children;
whether the offence was committed in circumstances that created safety risk to the community or other individuals. Most frequently this involves possession where the perpetrator was impaired by drugs and had some nexus to a motor vehicle or where the perpetrator was also in possession of a knife or was otherwise using or possessing drugs in a manner that was dangerous to others.
possession of drugs in jail or otherwise in custody
whether there is some nexus between the drugs and more serious drug charges such as cultivation, production, trafficking, possession for the purpose of trafficking, or importation or some other Criminal Code offence?
other factors.
Are there alternatives to prosecution that can adequately address the concerns relating to the conduct such as addictions treatment or counselling or through a restorative justice response?
The release of this directive is a positive development. It moves the justice system towards a more evidence-based approach to dealing with community safety and addition issues. It is a change that recognizes the reality that substance use and addiction are extremely complex problems for which deterrence-based strategies have historically had little effect.
Because each case is different, it is important to seek advice from a lawyer on your case.
Perrin handles all types of drug charges and can help you with your case.
Bail Hearings: What is a surety?
Background on the role of a surety as part of a bail plan.
Guelph Criminal Defence Lawyer Perrin Valli can help if your friend or loved one has been charged by the Guelph police or the Wellington County OPP and is in custody pending a bail hearing before the Guelph criminal courts.
To learn more about bail hearings - click here.
I have a secured release for client in countless bail hearings in Guelph.
Contact me to set up a free consultation about your case.
Sometimes, the bail court will require, as a condition of an accused person’s release on bail, that a friend or family member of the accused act as “surety”. Often a bail order requires an accused person to follow a series of rules, commonly referred to as “bail conditions”. A surety supervises the accused person to ensure that the accused is following the bail conditions. As part of his or her responsibilities as a surety, the surety must immediately report to police any violation of the bail conditions by the accused. In this way, a surety’s involvement in a bail plan is meant to increase the likelihood that the accused will comply with the rules of his or her bail order and ensure that if there is a breach, that the police are notified and the accused quick arrested and taken back into custody.
As part of the responsibilities of being a surety, the bail Justice often imposes a “penal sum” - an amount of money to be paid into court should the accused break the rules of the bail order. An amount of money is payable by both the accused and the surety should the accused break the rules of the bail order. The penal sum will be payable by the surety upon a breach of the bail conditions even if the surety has supervised the accused to the best of his or her ability and even if the surety has reported to police the breach of the bail conditions. The amount of the penal sum imposed on a surety will vary depending on the gravity of the allegations and on the level of income and personal financial circumstances of the surety. The process through which a surety will be ordered to pay the penal sum is called an “estreatment” process and proceeds separately from the accused’s criminal matter.
Sometimes, as a condition of a bail order, the accused will be required to live with his or her surety. In those circumstances, the surety is often called a “residential surety”. Sometimes the bail Court will permit the accused person to live separately from his or her surety. In those circumstances, the surety is often called a “non-residential surety.
Once approved by the bail court to be a surety, the surety can then apply to the Court to be removed as surety for any reason. This is called a “surety revocation”. In some instances, a surety revocation can proceed as a switch, where 1 surety is removed and replaced with a new surety. In other instances, there is no new surety to be proposed. In that circumstance, the accused is to be taken back into custody to await a new bail hearing.
How do I become a surety?
There is a formal process to become a surety. If the bail court determines that the circumstances of a case require the involvement of a surety, the bail court will seek to assess the suitability of any potential sureties. Most often, this assessment occurs in the midst of the initial bail hearing. As a result, it is best to propose yourself as a potential surety prior to the bail hearing. Most importantly, you should consult with a lawyer prior to offering to become a surety to ensure that you understand all that is involved and at stake.
If you think you might be willing to be a surety, you can commence the process by contacting the lawyer representing the accused person.
Most often, to consider you as a potential surety, the bail court will require you to complete a sworn declaration called a “Surety Declaration”. Click here to download a copy of the surety declaration form in use at the Guelph bail court as of the date of this blog.
After confirming your identity and date of birth, the court will have a check conducted to determine if you have a criminal record and if so, what that record includes.
Often a bail court Justice will require a potential surety to formally testify and to answer a series of questions aimed at determining whether the potential surety understands the role and responsibilities of a surety and whether the potential surety agrees to take on those responsibilities. A bail court Justice may also seek to learn about the nature and strength of the relationship between the potential surety and the accused and whether and on what basis the potential surety has confidence that the accused will follow the bail conditions under the supervision of the potential surety.
Can I be a surety if I have a criminal record?
Maybe. Depending on what charge(s) you were convicted of and how recently, a criminal record may not prevent a bail court Justice from deeming you an appropriate or suitable surety. Recent convictions for crimes of dishonesty such as fraud, obstruction of justice, or theft will likely pose a significant barrier to you acting as a surety.
Reach out to the lawyer for the accused person in your case to find out if your criminal record is likely to disqualify you as a potential surety.
A dated criminal record can sometimes be seen as an asset by a bail court Justice. A potential surety who has been through the criminal justice system and has successfully rehabilitated him or herself may have knowledge and experience that enhances his or her ability to help an accused person follow a similar path of rehabilitation while on bail. In this way, a potential surety with a dated criminal record may be well suited to act as a surety.
Looking for help to get into residential drug-treatment?
Here is a list of resources from your Guelph Criminal Defence Lawyer to help you get started on your path to recovery at a government-funded program.
If you are ready to do some residential addictions treatment but can’t afford to pay for it yourself, here is a list of resources in Guelph, Ontario to help you get started on your path to recovery at a government-funded program.
Residential Detox or “withdrawal management” programs are short (typically around 3-5 days) and meant to be a safe space for withdrawal from substances usually available to anyone under the influence of or in withdrawal from substances. Some residential detox programs have medical staff while others are non-medical. Some are co-ed (house both men and women) while others are separated by sex. Some detox programs offer pathways to go directly from their detox program into a residential treatment program.
Residential addiction treatment programs are often categorized as “short-term” and “long-term” programs. Short-term programs can range from 15-30 days while long-term programs can range from 90 days to 6 months (or longer). Long-term programs often require an applicant to have successfully complete a short-term program prior to accepting them into a long-term program.
“After-Care” refers to supports that come into place after you have complete a residential treatment program. After-care programming often involves regular group counselling sessions, and some programs provide transitional-housing (housing for people to live in upon completion of the residential treatment program while engaging with after-care supports. When choosing a residential treatment program, ask about what after-care supports the program offers.
The Addictions Court Support Program for Wellington County and Guelph
If you have charges before the Guelph criminal courts, Rayanne Thompson, counsellor with the Addiction Court Support Program is the best place to start. She is extremely helpful and can guide you through the process to secure an OHIP-funded bed at an addictions treatment facility.
Rayanne Thompson, BAS
Counsellor
Addiction Court Support Program
Stonehenge Therapeutic Community
Cell: (519) 362-3773
Here 24/7 and the GAINS assessment.
Here 24/7 is referral service run by the Canadian Mental Health Association - Waterloo Wellington.
Through Here 24/7’s toll-free number, you can access intake, assessment and referrals for many local government-funded mental health and addiction services.
Most OHIP-funded residential treatment programs require you to complete the “GAINS” assessment as part of the application process. The “GAINS” assessment is a screening process designed to identify what addiction services you need, assist in developing a treatment plan and then in matching you to the most appropriate level and type of care.
If you are in Guelph-Wellington, you can schedule a GAINS assessment by calling Here 24/7.
Here 24/7 also refers to:
Addictions Day Treatment at the Grand River Hospital in Kitchener. This is a 2-week Day Program for individuals who have already completed a residential/inpatient detox program (avg. 7-day stay) or have achieved 2 weeks of abstinence in the community prior to starting the program.
Adult Community Addictions Services (“CADS”), Homewood Health Services. This program provides outpatient (or non-residential) addiction treatment for adults.
Aftercare Support Group. Ongoing programming and support for adults who have completed residential treatment programs at the Homewood, the House of Friendship, or Stonehenge.
Many other addiction and mental-health services and supports.
ConnexOntario - where to find local Detox (“withdrawal management”) and residential addiction treatment programs
ConnexOntario a searchable online database of government-funded gambling, drug, alcohol, and mental health treatment services available in Ontario. It is run by the government of Ontario.
To search for government-funded detox or residential treatment programs offered near you, go here.
To access information about wait-times at the different programs listed on ConnexOntario call 1-866-531-2600 and chat with staff. They have access to the wait-times and can share this information with you. You can also ask for them to send you a list of resources by email.
ID Clinic
Often you will need an Ontario Health card to access an OHIP-funded treatment bed.
If you’ve lost your Ontario Health card and other identification needed to get a replacement, the ID Clinic at the downtown Guelph Community Health centre can probably help.
For more information about the clinic’s hours, click here.
Perrin defends Drug Possession and Trafficking charges, Drinking and Driving charges, Domestic Assault and other domestic violence offences and many more.
Guelph-Area Indigenous Supports
If you are an indigenous person and looking to connect to culturally sensitive and relevant community supports in and near Guelph, here are some options for quick reference.
Through my work as a Guelph criminal defence lawyer, I have collected this list of culturally-sensitive and relevant Indigenous community supports in and near Guelph.
If you know of some resources that I am missing, email me to let me know and I will add it.
If you are charged with a criminal offence in Guelph, contact me for a Free Consultation.
Indigenous Healing and Wellness Centre (Hosted by the Guelph Community Health Centre)
176 Wyndham Street North,
Guelph, ON, N1H 8N9
519-821-6638, ext. 301
IHWP@GuelphCHC.ca
Started in 2017, the program seeks to provide culturally safe access to health and wellness services and provides programs and services including:
Traditional Healing & Therapies
Group sessions or 1-1 sessions. Typically held once per month. Can address issues of addictions, family counselling, trauma, harm reduction, violence.
Healthy Living & Wellbeing Programs
Youth Services & Programs
Advocacy
Elimination of Barriers to Appropriate Health Care Services
Outreach
Poverty Reduction
Family Strengthening; family support, parenting classes, advocacy
Cultural Programs (Sweat Lodges, New Moon Ceremonies).
They have an “in-reach worker” who can assist in maintaining continuity of supports.
Anishnabeg Outreach Employment and Training
151 Frederick Street, Suite 501, Kitchener, Ontario
Phone: (519) 742-0300
Fax: (519) 742-0867
11A Suffolk Street East, Guelph, Ontario N1H 2H7
Phone: (519) 763-5292
Fax: (519) 763-1335
Website: http://anishnabegoutreach.org/
Employment counselling, resume and cover letter assistance, job postings, job search workshops, funding to obtain training opportunities, resource library, community information, advocacy, Native newsletters, daily newspapers, telephone, photocopier, fax, computer and internet access.
Aboriginal Resource Centre, University of Guelph
Room: 102; 620 Gordon Street, Federal Building, University of Guelph, Guelph, Ontario N1G 2W1
Phone: (519) 824-4120 ext. 58074
Fax: (519) 827-0432
Website: http://studentlife.uoguelph.ca/oia/
Provide admissions, advising, Aboriginal community outreach and recruitment, orientation, bursary and scholarship information, cultural and traditional programming, Aboriginal student advising and support.
The Healing of the Seven Generations (KW)
300 Frederick Street,
Kitchener, ON
N2H 2N5
Offer a number of programs including weekly walk-in “Men’s and 2 Spirit” and “Women and 2 Spirit” healing circles, regular cultural community events and workshops. They also have a Court Support worker (519-570-9118) who offers advocacy in Criminal, mental health, drug, youth and family court.
White Owl Native Ancestry
65 Hanson Avenue, Kitchener, Ontario
Phone: (519) 743-8635
Fax: (519) 743-8769
Email: cmmwnrc@gmail.com
Provides mental health supports for youth
Ontario Aboriginal Housing Services
Working to provide safe and affordable housing to urban and rural First Nation, Inuit and Métis people living off-Reserve in Ontario.
https://www.ontarioaboriginalhousing.ca/
K-W Urban Native Wigwam Project
Provides housing support for Indigenous homeless or home insecure individuals
300 Frederick Street
Kitchener, Ontario, N2G 2S1
Phone: (519) 743-5868
Fax: (519) 743-6172
Email: kwunwphousing@gmail.com
Drinking and Driving: What is “Stream A”? What is “Stream B”?
A quick briefing by Perrin Valli Guelph Criminal Lawyer about Stream A and Stream B of the Ministry of Transportation’s Ignition Interlock Conduct Review Program.
If you are charged with an impaired driving offence in Guelph, Perrin Valli is an experienced Guelph impaired driving lawyer. This is a complicated and technical area of law and Perrin Valli is a Guelph criminal defence lawyer who will work hard to make sure you get the best defence.
If you are convicted of an alcohol-impaired driving offence (Impaired Driving, Over 80, or Refuse to provide Breath Sample) in Ontario, the Ministry of Transportation will automatically suspend your driver’s licence for at least 1 year (and in some cases longer - to find out the duration of automatic licence suspension you are to receive if found guilty in your case, you need to speak with your lawyer).
In some cases, someone convicted of an impaired driving offence can qualify for a reduction of this automatic licence suspension by entering into the Ministry of Transportation’s Ignition Interlock Conduct Review Program. “Stream A” and “Stream B” are two different pathways to a reduced suspension under the Ignition Interlock Conduct Review Program. I provide more details on how these 2 streams differ below (note there is also a “Stream D” which will be discussed in a future blog post).
The Ministry of Transportation explains that the “Reduced Suspension with Ignition Interlock Conduct Review Program allows eligible drivers convicted of a first or second time alcohol-impaired driving offence under the Criminal Code to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle.”
An Ignition Interlock Device requires a breath sample before allowing your vehicle ignition to start the engine. If the device detects alcohol in the breath sample provided, it will not allow the vehicle’s engine to start.
I defend impaired driving charges and I can help you.
Call or email me to set up a free consultation.
Stream A – for first time impaired driving offenders who plead guilty and are convicted within 90 days of the offence date
Under “Stream A” of the Ignition Interlock Conduct Review Program program, a participant’s driver’s licence is suspended for a minimum of 3 months. After those 3 months, the participant then has a minimum 9-month period where they are only permitted to drive a vehicle that is equipped with an Ignition interlock device.
To be eligible to enter into “Stream A” of the Ignition Interlock Conduct Review Program, the driver must plead guilty and be convicted within 90 days of the offence date. [Note: because of Covid, and the resulting backlogs in the courts, the Ministry of Transportation has been granting extensions of this 90 day limit. As of the date of this blog post, the Ministry of Transportation website indicates it will accept applications for “Stream A” if the date of conviction is within 282 days of the date of the offence. That limit will eventually return to 90 days, so refer to the Ministry of Transportation website and speak with your lawyer to determine what time limit is applicable to your case].
Further, to be eligible to enter into “Stream A”, the driver must not have had any prior conviction for impaired driving offences. A driver can only be eligible to enter “Stream A” (and “Stream B”) on his or her first impaired driving conviction.
Be aware that at the time of sentencing for this first impaired driving offence, the judge has the power to make the minimum suspension period longer than 3 months, and to order that a “Stream A” be permitted only to drive a vehicle equipped with an Ignition Interlock device for a period longer than the 9 month minimum period.
After the time-limit for “Stream A” has expired (if the driver was convicted of the impaired driving charge more than 90 days after the date of the offence), then you cannot qualify for “Stream A” and you may only be eligible for a Reduced Suspension under “Stream B”.
Stream B – for first time impaired driving offenders who are convicted more than 90 days after the offence date
Under “Stream B” of the program, a participant’s driver’s licence is suspended for a minimum of 6 months. After those 6-months (or a longer period set by the sentencing Judge), the participant then has a minimum 12-month period where they are only permitted to drive a vehicle that is equipped with an ignition interlock device (again, this 12-month period can be made longer by the sentencing Judge).
Disqualifying factors for both “Stream A” and “Stream B”
Driver’s with a prior impaired driving conviction you cannot qualify for ”Stream A” or “Stream B”. These streams are exclusively for people convicted of an impaired driving charge for the first time.
Beware: even if this is your first impaired driving conviction, you may not qualify for the reduced suspension through either “Stream A” or “Stream B”. For example, the Ministry of Transportation will not accept an application to the Ignition Interlock Conduct Review program if:
Your impaired driving offence involved impairment by drug or a combination of drugs and alcohol
The Judge who sentenced you for the impaired driving charge excludes you from participating in the Ignition Interlock Conduct Review program;
If your impaired driving offence caused bodily harm or death; Or
Other specific situations which may apply to your case.
If you are charged with an impaired driving offence, you need to consult with your lawyer to determine if you meet the eligibility criteria to enter into the Ignition Interlock Conduct Review program.
The Back on Track Program
In order to qualify for a reduced suspension under the Ignition Interlock Conduct Review Program, participants must successfully complete the “Back on Track” program.
The Back on Track program involves 3 parts: an 8 hour education workshop, a 16 hour treatment workshop and then a follow-up interview 6 months later.
The programs are run by different local providers at various places through the province. During the Covid-19 pandemic, the program is being run virtually.
Those convicted of an impaired driving offence and hoping to enter into the Ignition interlock Conduct Review program should register for the Back on Track program within 7 days of the conviction. Register at this site.
How much does it cost to do “Stream A” or “Stream B?”
On the date of this blog post the “Back on Track” program costs $634 for those convicted of an impaired driving offence.
To have an ignition interlock device installed in your vehicle, the Ministry of Transportation only lists the following two services:
ALCOLOCK Canada Inc. at 1-866-658-6374
Smart Start Canada ULC at 1-844-432-4776
These programs charge a fee for installation of the interlock device and then charge monthly fees for leases of the device and participation in the program. Contact the providers for the most up-to-date information on the costs.
What happens if I choose not to seek a reduced suspension through the Ignition interlock Conduct Review Program?
Drivers convicted of an impaired driving offence for the first time and subject to a mandatory 1-year driver’s licence suspension who don’t qualify or choose not to apply for a reduced suspension under the Ignition Interlock Conduct Review Program will serve out the entirety of the mandatory suspension period.
However, upon expiry of the suspension period, as a condition of reinstating a driver’s licence, the Ministry will require the driver to complete the Back on Track program and then place a condition on that driver’s licence that means they are only permitted to drive a vehicle that is equipped with an Ignition interlock device. This condition remains in place for a minimum of 12 months for first-time impaired driving offenders.
Call me to discuss whether you might qualify for “Stream A” or “Stream B”, what duration of automatic driver’s licence suspensions you face upon conviction or to discuss whether a guilty plea or trial might be in your best interest.
Don’t forget - while “Stream A” requires a guilty plea, a guilty plea to an impaired driving offence comes with a permanent criminal record and other consequences.
Covid-19 Guelph Criminal Court Updates
Some important information for easy reference on how the Guelph criminal Ontario Court of Justice is proceeding during the Covid-19 pandemic.
During the pandemic, Guelph criminal courts have taken measures to be able to continue while trying to reduce the risk to those participating.
As with everything during the pandemic, things are continually changing and you should contact the local courthouse for the most up-to-date information.
The Ontario Court of Justice’s “Notices and and Info about Criminal Proceedings” during the Covid-19 pandemic can be accessed here.
Information provided by the Court on how to appear before the “Virtual Courts” in Guelph (meaning by Zoom and/or telephone) can be found here.
As of today, here are some important information for easy reference:
OCJ Local Contact Information
Guelph Duty Counsel office: dc.guelph@lao.on.ca
Provincial Crown: guelphcrownattorney@ontario.ca or 519-562-1970 or 519-822-1031
Public Prosecution Service of Canada: ppscwellingtoncounty@gmail.com or 519-240-2348
Guelph courthouse: Guelph.OCJ.courts@ontario.ca or 519-826-4431
Guelph OCJ trial coordinator: Guelph.OCJ.Criminal.TrialCoordinator@ontario.ca
Guelph John Howard Society Bail Program:
Alanna Balint: 226-971-1332 or alannabalint@waterloo.johnhoward.on.ca;
Becky Jones: 226-971-1833 or beckyjones@waterloo.johnhoward.on.ca
Virtual Court Connection Details
Adult Case Management Court or “Assignment Court”:
Takes place on Tuesdays (A-K) and Fridays (L-Z)
To join by video conferencing (through Zoom) - press here.
To join by telephone (through Zoom) - dial 1-855-703-8985 and enter “Meeting ID: 670 9449 4452” and “Passcode: 081565”
There is no sign-up sheet for Assignment Court. However, there is a general schedule as follows:
9 am - Lawyers to appear for their clients
10 am - Agents and Paralegals to appear for their clients
11:15 am - Morning Break
11:30 am - Self-represented persons.
1:00 pm - Lunch break
2 pm - Duty counsel matters with remaining self-represented persons.
Youth Court or “Youth Assignment Court”
Takes place on Wednesdays at 9 am.
To join by video conferencing (through Zoom) - press here.
To join by telephone (through Zoom) - dial 1-855 703 8985 and enter “Meeting ID: 634 2710 1935” and “Passcode: 740283”
Guelph Bail Court
Takes place Monday through Friday commencing at 8:30 am
Proceeding by teleconference only at this time.
Bail hearings scheduled in advance are provided specific time-slots by the trial coordinator sometime during the afternoon proceeding the hearing. For the daily schedule, contact the trial coordinator here.
Persons appearing in bail court for the first time after arrest are addressed at times determined by the presiding Justice of the Peace.
If you are attempting to present yourself as a surety for someone who has just been arrested, contact the Duty Counsel here.
To join the court by telephone, dial 1-866-633-1033 and enter Pin “2590027”
Does the Justice System make drug addiction worse?
At the Criminal Lawyers Association annual fall conference in 2015, I heard a talk by Dr. Carl Hart, Associate Professor of Psychiatry and Psychology at Columbia University on drug addiction.
In a similar TED talk, Dr. Hart says "It is not drug addiction driving people to commit crimes; it is other factors."
According to Dr. Hart, we have been led to believe that many substances (crack cocaine for example) are much more addictive than they are in reality. He says that the "one hit and you are hooked idea" came out of some 1960s lab tests using animals. In these tests, the animals were allowed unlimited access to hard drugs. The animals would use the drugs until they died.
However, according to Dr. Hart, these cages:
"...only contained a lever that led to intravenous drug injections – nothing else. The most interesting part to me, however, was what happened when the animals were presented with a choice between the drug lever and non-drug alternatives such as toys, sexually receptive mates, or sweet treats. When given any other option, animals do not self-administer drugs until death. In fact, animals will often choose non-drug alternatives over drugs!"
Dr. Hart's research has gone on to show that attractive alternatives to drugs like meaning fully employment or other social and economic opportunities can reduce drug use and abuse among people as well.
He advocates for drug policies that replace the stigmatization and marginalization of drug users and addicts under the existing system with a system that offers better and more meaningful alternatives to drugs for the most vulnerable in society.
"The real problems are poverty, unemployment, selective drug law enforcement, ignorance and the dismissal of science that surrounds these drugs. As a scientist, I am doing my best to lessen the ignorance by disseminating the science. I hope you will join me."
Check out Dr. Hart's talk here:
Perrin defends Drug Possession and Trafficking charges, Drinking and Driving charges, Domestic Assault and other domestic violence offences and many more.