Fastest court in the West New Vancouver court offers quick decisions for downtown street criminals Brian Hutchinson, National Post 
Under the new "restorative justice" court system, those who steal to feed their addictions are offered treatment and counselling in exchange for a guilty plea. Andrew Cochrane is a hard-at-it Crown prosecutor assigned to this city's new community court. It is a unique experiment in fast justice, aimed at downtown street criminals. Launched with some fanfare this week in Vancouver's notorious Downtown Eastside, it has already lived up to its billing as the quickest court stop in town. In the entire country for that matter. Mr. Cochrane has been a prosecutor for 10 years; he has seldom experienced such a pace. And things are just starting to rev up. Day One: Wednesday. Crown and defence counsels were immediately dealt a dozen confessed shoplifters and miscreants whom police had arrested downtown. Technical difficulties in the courtroom delayed proceedings somewhat. There were sound-transfer problems inside the glass-enclosed prisoner's dock. And certain out-of-custody offenders didn't show up. Mr. Cochrane shrugged that off. Perhaps they had become lost; the new facility is buried inside a concrete bunker, behind a provincial courthouse where more serious crimes are tried. In the new community court, petty thieves, aggressive panhandlers and the like are given the choice of pleading not guilty to the charge they face, or making a confession. Should they choose the latter, they are afforded immediate health and psychiatric assessment, shelter and treatment options, usually in return for judge-ordered restitution, which may include work detail such as street sweeping.

If they successfully complete their work and treatment assignments, the offenders return to court to have their charges stayed. The idea, Mr. Cochrane says, is to process summary conviction cases expeditiously and effectively, eliminating lengthy, costly and oft-delayed proceedings in regular court. More important, it gives offenders some chance at turning around their lives. A 35-year-old named Devon Lloyd was ushered from the cells and into the court. He had been caught lifting a sandwich from a downtown grocery store the night before. He was intoxicated at the time, having downed several cans of beer before his offence. He was arrested and spent Tuesday night in jail. The first community court case before Judge Thomas Gove, he was handled with care, but with little ceremony. The matter was handled in just a few minutes. Rather than go back to the cells and wait days or weeks for another hearing -- or, more typically, return to the streets with no immediate redress-- Mr. Lloyd confessed to the sandwich theft. He was then sentenced. Judge Gove ordered him to report to a local non-profit organization, the Lookout Emergency Aid Society, where he was to spend four hours at whatever menial task he was assigned.
Giving something back to society is key to "restorative justice," local justice officials say. Members of a provincial task force examined community court operations in other cities, such as New York, before recommending the Vancouver model. Getting an offender into a place where issues such as substance abuse are managed is also crucial. That way, they can see for themselves how treatment can work. Mr. Lloyd, for example, has a problem with alcohol; the Lookout provides services for alcoholics.
According to the agreement that he signed in community court on Wednesday, Mr. Lloyd will also attend separate addictions counselling. A place was found for him inside one of Vancouver's "Single Room Occupancy" hotels. These are not nice places; many SROs are little more than small, filthy hovels. Drugs are bought, sold and consumed in some of them. But at least Mr. Lloyd will have a roof over his head. Prior to appearing in community court, he was homeless. The next case also involved a theft. A middle-aged man claimed his employer had passed him a bad cheque; this left him unable to purchase new school supplies for his daughter. The man tried to steal them, instead. He was caught. He seemed contrite before Judge Gove. He admitted to the crime. He was sentenced to a few hours of community service, and agreed to undergo the counselling offered him. Some will argue that such prescriptions are too soft to be effective. Is every offender who enters the process really serious about getting sober, going straight, quitting crime? Clearly, some are not. Mr. Cochrane called these two cases "success stories." But the new court also already experienced failure. A scofflaw confessed to a crime on Wednesday and received a light sentence. He walked out of the courthouse with a promise to abide. Just 11 hours later, he re-offended. He did not return to community court. He was jailed. Mr. Cochrane was handed a fresh case list on Thursday morning. It was long. There had been a lot of arrests on Wednesday night, "the busiest that I can remember," said the prosecutor. But he wasn't complaining. Business inside the community court is supposed to be brisk. A young, homeless drifter entered the courtroom. He arrived on time, but seemed inebriated, spaced out. He kept falling asleep while waiting for his case to come up. Crown counsel explained that five days earlier, the accused had stolen an article of clothing from an outdoor vendor. He then proceeded to a fast-food restaurant, where he allegedly threatened an employee. The man had been in trouble with the law before, in Ottawa. He had been ordered to stay away from that city. The Crown recommended a stay of charges, if he took advantage of the services offered him. Detox, counselling and housing. No jail time. No community service. A sweet deal. Judge Gove told the man to stand up. He did not stir; a court sheriff had to shake him awake. He then wobbled toward the bench. "If you cooperate," the judge said, "you'll find yourself in a much better situation. ... People are trying to help you." "I really appreciate it," the man mumbled. He staggered back into his chair and nodded off. Mr. Cochrane looked at his list and read out the next case. bhutchinson@nationalpost.com |