IT’S TIME TO LOOK AT THE COURTS AS WELL

IT’S TIME TO LOOK AT THE COURTS AS WELL

An alarming Headline in the Herald Sun on Wednesday, the 11th of September, ‘Crime Statistics Agency data shows a huge rise in teens breaking into homes’.

Usually, while the victims are present.

It is disturbing and infuriating because it could have been prevented.

The CAA was formed in 2015 on the basis that proactive policing projects had been cancelled, and we knew the community would pay the price. Unfortunately, our prophecy was accurate.

Our protestations over the last nine years have largely been ignored, so there is a degree of hubris to be proven right but anger that the advice was not acceded to.

Certainty, with the latest crime statistics showing an unacceptable increase in juvenile aggravated burglaries, the proof is unquestionable there has been a catastrophic failure in this State, and to continue to do what we have been doing for the last decade would be the height of stupidity.

It might be time for the powers that be to start listening to the CAA.

And while Victoria spends millions on Policing this issue, nobody is looking at the cause other than superficially. When the state leadership sees crime through a jaundiced view, they take us toward even more crime.

It is inevitable that this will ultimately lead to deaths.

Hang on; it already has led to three deaths at the hands of juveniles in a stolen car, stolen during a burglary.

Perhaps our Leadership is waiting for one or more of the juveniles to be killed before action is taken. The other deaths so far seem to be treated like collateral damage as there has been little reaction from the leadership, and certainly, no efforts to achieve change and protect the community.

This problem is killing innocent members of our community, and all we hear from the leadership of this State are ‘cricketsor occasionally platitudes.

Presumed to be a police responsibility, and by and large it is, there are other significant players avoiding scrutiny and contributing to the upsurge in crime, making the police efforts ineffective in the reactive sense. However, the Force posture that changed to strongly favour a reactive philosophy trying to arrest their way out of problems, at the expense of the well-developed proactive approach, coincides with the increased crime rate of this cohort, so somebody needs to do some explaining because the proactive function of policing is failing. Still, police are not alone in that failure.

In particular, the Courts have failed our society drastically and our children significantly as they have been behind and deliberately obfuscated the laws to follow a woke agenda. We support the independence of the judiciary but not at the expense of the court’s failure to fulfil the fundamental function of protecting the community.

The media reports infinitum, where young perpetrators are persistently bailed with stern warnings that this is their ‘last chance’. So, the rhetoric from the ‘last chance’ bench continues as the child returns time and again for breaching bail conditions and committing other offences.

The whole resistance by the judiciary to putting children in detention, even for their good, has warped the courts from their duty to society.

The concept of incarceration of a juvenile is seen as repugnant. However, this view is based not on empirical data as to the effectiveness or otherwise of the juvenile detention system but a jaundiced view of the alleged draconian regime of detention not consistent with the facts.

It wasn’t that long ago that it was reported that Pizza and McDonald’s were bribing juveniles offending within the detention system to behave.

Correcting juvenile behaviour by rewarding misbehaviour is one of the most outrageous and incompetent management decisions ever made in this space. No wonder we are where we are.

For a period, the push within juvenile detention was to replicate as far as possible the home environment for juveniles to minimise the impact.

That theory is flawed and ineffective.

We cannot and should not shy away from accepting that anybody, including but mainly children, should be punished if they break the law, and the more serious the crime, the stronger the punishment. The scale and effectiveness of the sentence is the key.

This is imperative for juveniles as properly managed detention has a greater hope of turning a child’s life around.

So, detention should not be the last resort for the good of the child and the community.

The deterrent effect of returning to detention will alter developed anti-social and criminal behaviour. As we have argued, detention must not be long to be effective.

If there are failings in the management of the Juvenile Justice System, replace the management.

We can make these claims because the increase in Juvenile crime proves that the current approach has failed along with one of the main drivers, the social experiment ‘ Restorative Justice’, behind many of the current strategies.

The government has been forced to create a specific offence for bail breaches. Still, given the court’s record, there is every possibility that the courts will find a way to continue bailing juvenile offenders charged with this new crime. The courts could push back simply by failing to convict, adjourning the natter with ‘conditions’.

So, with the Courts feeding the problem, the police being hamstrung and either not willing or incapable of undertaking practical, proactive work and the plethora of so-called government bureaucrats and others in the ‘juvenile industry’ failing to achieve effective, measurable outcomes, there needs to be an urgent reset. The Courts would be a good place to start.

Underlying the Court’s failure is a perception that incarcerating young people is abhorrent; tell that to the victims.

What is desperately needed is not a series of inquiries and reviews but accountability from the highly paid executives who run the various components.

The government must establish an independent audit function so that the performance targets and outcomes of the various entities can be evaluated rigorously.

Essentially, the audit function can expose the ‘Yes Minister’ esque justifications trotted out by some executives.

Yes, a lack of leadership and accountability has got us where we are today, and the focus must turn a blow torch on the executives within the Law and Order cohort and demand that they resolve the issue- or, in other words, do their job.

Unfortunately, there is a shortage of leadership in this space; what is desperately needed is a cleanout and replacement of the current leadership stock with others who are employed on a performance-based arrangement.

PARENTS POWERLESS TO HELP THEIR ADDICTED TEENS

PARENTS POWERLESS TO HELP THEIR ADDICTED TEENS

 

CAA Comment-

Another insightful article from Break the Needle and highlights the folly of Harm Minimisation strategy again.

It does not take a visionary to conclude that Victoria is heading down the same path.

This harrowing story of the death of a fourteen-year-old girl from a drug overdose brings into stark relief the flaws that our lawmakers have allowed to permeate our society driven by flawed ideology.

The collision of the principles of harm minimisation and rights of parents over their children which destroys parental responsibility because they have none, according to the State.

This anomaly which conflicts with the age of criminal accountability must be addressed before Victorian children suffer the same fate as Kamilah Sword and the pain inflicted on her family.  

By Alexandra Keeler

On Aug. 19, 2022, Kamilah Sword took a single hydromorphone pill, believing it to be safe. She overdosed and was found dead by her grandmother the next day. She was 14.

Kamilah believed the drug was safe — despite having bought it illicitly — because she was told it came from a government-run “safer supply” program, according to Kamillah’s best friend Grace Miller and her father.

“I’ll never get to see her get married, never have grandkids, never get to see her graduate,” said Kamilah’s father, Gregory Sword, lowering his chin to keep his voice steady.

“It’s a black hole in the heart that never heals.”

Sword faced significant challenges trying to get his daughter help during the year he was aware she was struggling with addiction. He blames British Columbia’s safer supply program and the province’s legal youth treatment framework for exacerbating his daughter’s challenges and ultimately contributing to her death.

“It’s a B.C. law — you cannot force a minor into rehab without their permission,” said Sword. “You cannot parent your kid between the ages of 12 and 18 without their consent.”

Sword is now pursuing legal action against the B.C. and federal governments and several health agencies, seeking accountability for what he views as systemic failures.

B.C.’s “Safe” supply program

B.C.’s prescribed safer supply program, which was first launched in 2020, is designed to reduce substance users’ reliance on dangerous street drugs. Users are prescribed hydromorphone — an opioid as potent as heroin — as an alternative to using potentially lethal street drugs.

However, participants in the program often sell their hydromorphone, in some cases to teenagers, to get money to buy stronger drugs like fentanyl. 

According to Grace Miller, she and Kamilah would obtain hydromorphone — which is commonly referred to as Dilaudid or “dillies” — from a teenage friend who bought them in Vancouver’s Downtown Eastside. The neighbourhood, which is the epicentre of Vancouver’s drug crisis, is a 30-minute SkyTrain ride from the teenagers’ home in Port Coquitlam.

Sword says he initially thought “dillies” referred to Dairy Queen’s Dilly Bars. “My daughter would ask me for $5, [and say], ‘Yeah, we’re going to Dairy Queen for a Dilly Bar.’ I had no idea.”

He says he only learned about hydromorphone after the coroner informed him that Kamilah had three substances in her system: cocaine, MDMA and hydromorphone.

“I had to start talking to people to figure out what [hydromorphone] was and where it was coming from.”

Sword is critical of B.C.’s safer supply program for being presented as safe and for lacking monitoring safeguards. “[Kamilah] knew where [the drugs] were coming from so she felt safe because her dealer would keep on telling her, ‘This is safe supply,’” Sword said.

In February, B.C. changed how it refers to the program from “prescribed safer supply” to “prescribed alternatives.”

CAA Comment – changing names doesn’t solve a problem but exacerbates it.

Grace says another problem with the program is the quantities of drugs being distributed.

“It would be a big difference if the prescriptions that they were giving out were dosed properly,” she said, noting addicts would typically sell bottles containing 14 pills, with pricing starting at $1 a pill.

Sword estimates his daughter struggled with addiction for about 18 to 24 months before her final, fatal overdose.

After Kamilah overdosed for the first time on Aug. 21, 2021, he tried to get her into treatment. A drug counsellor told him that, because she was over 12, she would need to verbally consent. Kamilah refused treatment.

B.C.’s Infants Act allows individuals aged 12 or older to consent to their own medical treatment if they understand the treatment and its implications. The province’s Mental Health Act requires minors aged 12 to 16 to consent to addiction or mental health treatment.

While parents can request involuntary admission for children under 16, a physician or nurse practitioner must first confirm the presence of a mental disorder that requires treatment. No law specifically addresses substance-use disorders in minors.

When Kamilah was admitted to the hospital on one occasion, she underwent a standard psychiatric evaluation and was quickly discharged — despite Sword’s protests.

Ontario also has a mental health law governing involuntary care. Similar to B.C., they permit involuntary care only where a minor has been diagnosed with a mental disorder.

By contrast, Alberta’s Protection of Children Abusing Drugs Act enables a parent or guardian to obtain a court order to place a child under 18 who is struggling with addiction into a secure facility for up to 15 days for detoxification, stabilization and assessment. Alberta is unique among the provinces and territories in permitting involuntary care of minors for substance-use issues.

CAA Comment –  The CAA has advocated for a similar health-based regime to treat all illicit drug users of any age.

 

Grace, who also became addicted to opioids, says her recovery journey involved several failed attempts.

“I never thought I would have almost died so many times,” said Grace, who is now 16. “I never thought I would even touch drugs in my life.”

Grace’s mother Amanda (a pseudonym) faced similar struggles as Sword in trying to get help for her daughter. Amanda says she was repeatedly told nothing more could be done for Grace, because Grace would not consent to treatment.

“One time, [Grace] overdosed at home, and I had to Narcan her because she was dead in her bed,” Amanda said. “I told the paramedic, ‘Our system is broken.’ And she just said, ‘Yes, I know.’”

Yet Grace, who today has been sober for 10 months, would question whether she even had the capacity to consent to treatment when she was addicted to drugs.

Under B.C.’s Health Care (Consent) and Care Facility (Admission) Act, an adult is only considered to have consented to health care if their consent is voluntary, informed, legitimately obtained and the individual is capable of making a decision about their care.

“Mentally able to give consent?” said Grace. “No, I was never really mentally there.”

System failure

Today, Sword is one of two plaintiffs leading a class-action lawsuit against several provincial and federal health authorities and organizations, including the B.C. Ministry of Health, Health Canada, Vancouver Coastal Health and Vancouver Island Health.

All four of these agencies declined to comment for this story, citing the ongoing court proceedings.

The lawsuit was filed Aug. 15 and is currently awaiting certification to proceed. It alleges the coroner initially identified safer supply drugs as a cause of Kamilah’s death, but later changed the report to omit this reference due to pressure from the province or for other unknown reasons.

It further alleges B.C. and Ottawa were aware that drugs prescribed under safer supply programs were being diverted as early as March 2021, but failed to monitor or control the drugs’ distribution. It points to a Health Canada report and data showing increased opioid-related problems from safer supply programs.

According to Amanda, Kamilah had wanted to overcome her addiction but B.C.’s system failed her.

“I had multiple conversations with Kamilah, and I know Kamilah wanted to get clean,” she says. “But she felt so stuck, like she couldn’t do it, and she felt guilty and ashamed.”

Grace, who battled addiction for four years, is relieved to be sober.

“I’ve never, ever been happier. I’ve never been healthier. It’s the best thing I’ve done for myself,” she said. “It’s just hard when you don’t have your best friend to do it with.”

CAA Comment. – When will illicit drug apologists ever learn?