The Role Of Mental Health And Criminal Justice System In Canada

Mental Health and Criminal Justice System The deinstitutionalization movement in the 1960s directly impacted the criminal justice system in Canada. The John Howard Society of Ontario (JHS) (2015) argues that the criminal justice system became a repository for those with mental health concerns because they found themselves in the community without adequate support and resources. Some common obstacles in the community include stigma, housing, employment, substance use as a means to self-medicate, and limited mental health services (JHS, 2015). As a result, there is an over-representation of these individuals in the criminal justice system and they experience disproportionate police contact and higher levels of arrest, criminal charges, and
custody (JHS, 2015). Unfortunately, people with mental health concerns find themselves entrenched in a criminal justice system that exacerbates their mental health because it is not designed for their needs. Some people with mental health concerns find themselves initially in conflict with the law for a single incident, but then become trapped in a continuous cycle because the criminal justice system cannot appropriately address their needs.
For instance, the individual can receive strict bail or probation orders that can include conditions relating to mental health like participating in treatment, abstaining from illegal substances, or residing at an approved address (JHS, 2015). These conditions criminalize mental health because breaching any single one of them will result in a new criminal charge for 'failing to comply' and will impact eligibility for release on bail again in the future (JHS, 2015). Most importantly, many people before the courts agree to these conditions, despite the potential consequences because the only other alternative is to remain in custody (JHS, 2015). This results in a cycle of criminal involvement and illustrates that the criminal justice system does not recognize the unique needs of individuals with mental health concerns. Instead, the current system embeds them further into a cycle that they cannot
escape.
Understanding the Correctional System in Canada People with mental health concerns who find themselves entrenched in the criminal justice system can be subject to provincial or federal corrections. The provincial government is responsible for individuals sentenced to less than two years, or who are on remand (JHS, 2015). Remand is the term for people who are in custody because they are awaiting a bail hearing, trial, or sentencing and cannot be released into the community in the interim for various reasons (JHS, 2015). According to the JHS (2015), 60% of people in provincial jails are on remand. However, the federal government is responsible for individuals sentenced to term of 'two years plus a day' or more (Correctional Service Canada [CSC], 2007).
The aforementioned CSC is the federal agency that is responsible for administering these sentences in correctional institutions or in the community (CSC, 2007). For individuals with mental health concerns in the correctional system, their protection and safety is not the foremost priority for the CSC. According to the CSC, "the definitive purpose of the Canadian criminal justice system is always public safety" (CSC, 2007, Sentencing Rationales section, para. 1). With the aim to maintain a just, peaceful, and safe society, the CSC strives for protection of society above all (CSC, 2007). While the Criminal Code of Canada stipulates that the correctional system is a last resort and that sentencing needs to take deterrence and rehabilitation into consideration, the CSC suggests that sometimes public safety and protection is compromised with the use of community sentencing (CSC, 2007). This rationale is concerning when 13% of male offenders and 29% of female offenders in federal custody identify has having mental health concerns when they enter these institutions (Sapers & Zinger, 2012). The federal correctional system is the subject of this analysis because sentences are longer and there are a significant number of individuals with mental health concerns in this
system.
Federally Sentenced Women and Mental Health While the treatment of people with mental health concerns is a significant issue in all levels of the criminal justice system, females in the federal correctional system present unique needs. Federally sentenced women are "... among the fastest growing sub-populations in federal corrections today" (Sapers & Zinger, 2014, p. 45). The dilemma that exists between protecting society or protecting individuals is increasingly apparent with this population due to their high needs and increasing vulnerability. Females in the federal correctional system have disproportionately higher levels of self harm (Borrill, Snow, Medlicott, Teers, & Patton, 2005). Furthermore, Sapers and Zinger (2014) indicate that 50% of these women have histories of self harming behaviour, over 50% of them struggle with addictions, 85% have experienced physical abuse, and 68% have experienced sexual abuse. Compared to male offenders, they enter the system with more previous hospitalizations for mental health concerns (Sapers & Zinger, 2014). The significant over-representation of female offenders with histories of self-harm and previous hospitalizations demonstrates that this population is in significant need of protection and support while in custody.