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Therapeutic Court Navigator Connects with Clients and Traverses Complex Situations

November 22, 2024

“It’s been really busy.”

Ashley Rude is Legal Aid Saskatchewan’s Therapeutic Court Navigator supporting Mental Health Court (MHC) and Domestic Violence Court (DVC) clients in Saskatoon as they work through these time-intensive therapeutic court programs. This is a new pilot funded by the Law Foundation of Saskatchewan and established to support the work of Legal Aid Saskatchewan (LAS) staff lawyers as they apply their expertise and focus on the legal work associated with therapeutic courts.

“Clients engaged in the therapeutic court process have complex and intersecting needs, many of which are not legal in nature,” says Jayne Mallin, LAS CEO.

As an example of the needs of clients in therapeutic courts, Ashley describes a recent encounter with a client who is currently unhoused, without an income, and without personal identification. Ashley’s goals for this client are to help him replace his ID – a tedious process itself without having to experience the extra burdens he has at the moment – and connect him with employment opportunities – which are dependent on having ID. As a first step, Ashley coordinated with his First Nation on gathering his full name, date of birth and status number. She drafted a letter to eHealth on the client’s behalf requesting to waive the $35 fee for a new birth certificate. With her client on the phone from the library, Ashley set up a three-way call with SIIT’s career centre, and fortunately discovered that the organization has the client’s personal information on file from years ago. This allowed Ashley to arrange an appointment with SIIT’s job coach with the intention of helping him with employment opportunities while he awaits his other ID replacements. She describes the appointment as a “beacon of hope” for her client.

Ashley highlights the most pressing need of therapeutic court clients – access to community-based resources that address the intersection of mental health, substance use and social barriers. “Many clients face challenges in securing stable housing, managing their mental health, or maintaining consistent engagement with support programs,” she says. “As a navigator, I help by ensuring clients are connected to the right services and staying on track with their case plans.”

Ashley began her term with LAS in July, bringing her diverse background and unique knowledge of working with people from vulnerable communities. “My career path has always been driven by a desire to support individuals navigating the justice system, especially those facing mental health and social challenges,” she says. “My background combines academic and professional experiences centered on Indigenous justice and criminology, native studies and sociology from the University of Saskatchewan. Over the years, I have pursued numerous training programs that equip me with diverse skills, such as mental health first aid, cognitive behavioral therapy, motivational interviewing and trauma-informed care. These qualifications, along with my hands-on experience working with various communities, including First Nations youth and justice clients, led me to LAS.”

The goal of the therapeutic court navigator is to provide a more holistic service to clients. “This improves not only the client experience with Legal Aid Saskatchewan and the justice system more broadly, but also the outcomes of those clients, reducing recidivism and creating lasting solutions, with deep partnerships being built between Legal Aid and community, health, and justice partners,” explains Jayne.

Stephanie Pankiw is a Legal Aid Saskatchewan Staff Lawyer who works in therapeutic courts. She says not only is Ashley’s role “vital” to helping lawyers serve their clients’ legal needs, but also helping clients achieve broader goals. “By connecting clients to essential resources and supporting a client’s involvement in post-offence rehabilitative programming, the navigator is part of the team that helps to avoid a client’s loss of liberty while addressing critical non-legal issues such as housing, unemployment, addictions treatment and programming, and mental health,” she explains. “This holistic approach not only strengthens the clients’ ability to fulfill post-offence rehabilitative programming requirements, but also empowers them to build more stable and productive lives, ultimately enhancing the outcomes for everyone involved in the justice system.”

Chris Bennett, Director of the Saskatoon City Area Office, expands on the importance of this pilot. “There are many ways the system impedes access to justice for our clients. Ashley has been able to explore new ways we can ensure our clients are getting the services they need that will ultimately help them be successful with their legal matters.”

A typical day involves a blend of case management, coordination with stakeholders, and client support. “I create individualized plans for clients involved in Mental Health and Domestic Violence Courts, which include ongoing consultations with probation officers, social workers, and mental health professionals,” Ashley explains. “I attend pre-court meetings with judges, prosecutors, and service providers, where I contribute to discussions about client progress and program adjustments. I also attend court hearings, supporting clients throughout the process. Additionally, I assist clients in connecting with resources, such as community programs, and help facilitate their participation in these programs by handling logistics and registration.”

Ashley also works with the youth who come before the court. “I’ll visit them in detention, interview them and try to set up a release plan. I’ll dig a little deeper when it comes to their Gladue factors and ask, ‘How did you get here?’, ‘Who’s your support person?’ and ‘What First Nations community are you from?’”

Often, Legal Aid Saskatchewan’s youth clients are involved with social services, and therefore placed in different group homes around the province. One task Ashley spends time on is locating these youths to remind them of their upcoming court appearances. She recounts the story of a youth who almost missed his court appearance. “I had a young person that we couldn’t get a hold of. It was 8:00 a.m., and he had court at 9:30. From our understanding, he was way up north! So, I called the school in the community and talked to the principal. I explained that Legal Aid is an advocate and that our lawyers have a heart of gold. ‘Can you please help us help this young person?’ The principal sent someone to the youth’s Kokum’s house, knocked on the door and brought him to the principal’s office to appear over the phone. The bench warrant was canceled, and the reconnection was made with the lawyer and the youth.”

Chris notes that the impact of a client missing a court appearance starts a whole new cycle of arrest, charges, and jail. Having a Therapeutic Court Navigator who interprets the system for LAS clients or who says something as simple as “Go to court!” can break this cycle.

“In our Mental Health Strategy Court, we often see clients facing serious criminal charges such as aggravated assault, robbery, and arson. These individuals are some of the most vulnerable in our society, with extensive histories of trauma, addiction, homelessness, and social disconnection from their communities and families,” says Stephanie. “Having a court navigator to assist both clients and lawyers from guilty plea to sentencing is invaluable. The navigator’s support helps lawyers and clients build a compelling case for community-based dispositions that not only prioritize rehabilitation but also address some of the root causes that brought the individual before the court. This collaborative approach aims to break the cycle of recidivism and support long-term stability for our clients.”

Ashley’s time in the courthouse has already made a difference. “Being an Indigenous woman is like a beacon. A lot of youths, and even adults, will come up to me and say, ‘Hey, are you with Legal Aid?’” she grins. “And I’m able to help connect them with their lawyer or which courtroom they’re in.”

She’s also noticed the impact her presence has made on the communication breakdown resulting from the intergenerational trauma of Indigenous communities. “I’ve been told, ‘It’s about time we had an Indigenous face within Legal Aid,’” she says. She recalls a recent meeting with a youth and their guardian. Ashley was explaining how important it is to keep in contact so there are no more breaches. “The guardian said to me, ‘We don’t trust the agency you work for, and we don’t trust the justice system.’ That’s the trauma and the fear. Allowing her to debrief with me and not take it personally gave her a safe space to speak. Hopefully moving forward, they can engage better with the lawyer.”

As Ashley continues her work of connecting clients with the resources they need as they navigate the justice system, she looks forward to seeing more clients successfully complete their case plans and graduate from the therapeutic courts. “I’m excited to refine and improve the processes we use to track client progress, ensuring that the metrics we gather accurately reflect the positive outcomes of the therapeutic court approach,” she says. “I also hope to contribute to the continued expansion of services and resources for clients, particularly those from First Nations communities.”

Jayne is also optimistic about the future of this pilot project. “We look forward to seeing the results of this program, and of Ashley’s work with our clients,” she says.

Fun fact: Ashley is an Indigenous designer with an eye-catching wardrobe of stunning ribbon dresses and blazers that she dons in the courthouse. Her designs have been purchased by leaders and CEOs across Canada and can be found on her Instagram, Facebook and TikTok accounts (@acarrierdesigns).

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