An independent investigation into repeat offending and random stranger violence has concluded that the Province should make significant new investments for those with mental health and other complex issues. The final report’s 28 recommendations also include calls to improve information sharing and coordination among the health, justice and social service sectors, and for increased public confidence in the justice system.
The work of authors Dr. Amanda Butler and Doug LePard is informed, in part, by interviews with more than sixty individuals representing a variety of key stakeholder groups, including law enforcement, healthcare and local government. As noted in the report, local governments and retailers were two of the groups most frustrated by the increase in repeat and violent crime. Police also felt that these individuals were not being held accountable and that their conditions were not being enforced, leading to repeat offending and less public confidence in the justice system. Crown Counsel’s response to these issues focused on recent legislation, case law, and the lack of adequate support for the accused as contributing to repeat offending. Notably, Bill C-75 has impacted Crown’s decisions to seek detention by giving greater consideration to an earlier release of the accused with less stringent conditions.
Authors found that during the pandemic there was a noticeable increase in the number of individuals in police custody that were dealing with complex mental health issues. This was consistent with a common theme throughout the report, that unaddressed mental health and substance use issues were contributing to repeat offending and random stranger attacks. It was also particularly concerning given the shortage of resources to meet the needs of the affected individuals. This includes a lack of mental health support, transitional and bail housing, and services to help individuals transition from prison back to the community.
Although some stakeholders felt that imposing stronger sentences for repeat offenders was a viable solution, the investigative team examined non-police responses. This was done in part because punitive measures would conflict with Canadian sentencing laws, including the principle of proportionality (i.e., the punishment should be in proportion to the severity of the crime). Although outside the scope of this review, the preferred solution identified by the authors was for the Province to improve fundamental social and economic structures and address the root causes of these issues. This would be done by providing long-term investments in areas such as housing, food security, health services, poverty and systemic racism. A lack of investment in these areas has led to downloading, whereby police, among others, are being asked to perform duties outside their core responsibilities.
Ultimately, the independent report makes 28 short- and medium-term recommendations to the provincial government intended to help manage challenges and improve health and safety outcomes related to repeat offending and violent stranger attacks. These recommendations focus on improving healthcare for those who are in the criminal justice system, and are dealing with mental health and substance use issues; helping divert individuals away from the criminal justice system; improving provincial guidance, information-sharing and collaboration with key stakeholders; and increasing public confidence in the justice system. Also endorsed were recommendations made by the BC First Nations Justice Council, including a request to develop a pilot project to support recidivism among First Nations people.
A full list of the report’s recommendations can be found here.
The Province has thus far committed to implementing three of the report’s 28 recommendations:
- Re-establish the prolific offender management program, which previously operated from 2008-2012;
- Create a provincial committee to help support those in the justice system that have complex healthcare needs; and,
- Develop, in partnership with the BC First Nations Justice Council, a Prince George-based pilot project to support Indigenous people who come into conflict with the law.
A full response to recommendations will require significant new provincial investment in mental health and complex care. Local governments will be watching for indications from the Province as discussions get underway in advance of the 2023 Provincial Budget.
UBCM has also called upon the province for additional provincial resourcing and facilities for mental health and addiction services. This includes recent resolutions (e.g. 2020-SR8) and UBCM’s January 2021 submission to the Special Committee on Reforming the Police Act, which recommends that the Province examine preventative and proactive investments in health, addictions and housing, as opposed to reliance on punitive responses, in order to help assist affected individuals and reduce the burden on police.
Recommendations related to improving health outcomes are generally consistent with the work of the Special Committee on Reforming the Police Act, which earlier this year requested that the Province create and fund a coordinated continuum of response to mental health, addictions and other complex social issues. UBCM, in its formal response to the Special Committee report, has endorsed this work, asking that it “receive the highest and most immediate priority.”