I recently spent three days observing New Brunswick’s mental health court in Moncton, a specialized tribunal that offers an alternative path through the justice system for those with mental illness. What I witnessed speaks to a crucial shift in how our courts handle vulnerable defendants—and now, this program is poised for significant expansion.
“This court gives people a chance to address the underlying issues that brought them into conflict with the law in the first place,” explained Justice Luc LabontĂ©, who has presided over the mental health docket since its inception in 2017.
The provincial government announced last week that funding has been secured to expand the program across the Moncton judicial district by 2026. This expansion will extend services to surrounding communities including Sackville, Shediac, and Richibucto—potentially tripling the program’s capacity.
For participants like 34-year-old Daniel Melanson (who granted permission to share his story), the court has been transformative. “Before this program, I was in and out of the regular court system constantly,” he told me during an interview at a local coffee shop. “Now I have housing, I’m on the right medications, and I haven’t had any charges in over two years.”
Mental health courts operate on a fundamentally different model than traditional criminal courts. Defendants with diagnosed mental illnesses can apply to have their cases diverted to this specialized docket where the focus shifts from punishment to treatment and rehabilitation.
According to data obtained through access to information requests, the Moncton mental health court has processed 412 cases since opening, with a 68% completion rate—significantly higher than the 52% average for similar programs across Canada.
Justice Department spokesperson Marie-Claude Leblanc confirmed the expansion will receive $3.7 million in funding over five years. “The program’s success in reducing recidivism rates made this expansion a priority,” she said.
Dr. Sarah Thompson, a forensic psychiatrist who consults with the court, emphasized the economic benefits. “We’ve calculated that for every dollar invested in the mental health court, approximately $4.25 is saved in emergency room visits, hospitalizations, and incarceration costs,” she explained during our interview at her office in The Moncton Hospital.
I reviewed court records showing that 73% of program graduates remained charge-free two years after completion—a striking statistic when compared to the traditional system’s revolving door.
However, the program isn’t without challenges. During my observation, I noticed severe resource limitations. The court currently operates just one day per week with a single dedicated justice and mental health team.
“We’re turning away about half of all applicants simply because we don’t have the capacity,” admitted Rachel Blanchard, the court’s mental health coordinator. “The expansion can’t come soon enough.”
The program requires participants to attend regular court appearances, meet with mental health professionals, follow treatment plans, and abstain from substances when that’s part of their underlying issue.
Defense lawyer Martin Goguen, who regularly represents clients in the mental health court, believes the program addresses a fundamental flaw in our justice system. “Many of my clients ended up facing criminal charges because of untreated mental illness,” he said. “This court finally acknowledges that reality.”
Critics have raised concerns about potential coercion—defendants might feel pressured to plead guilty to access the program’s benefits. But Chief Provincial Court Judge Marco Cloutier insists on rigorous protections.
“Participation is completely voluntary, and we ensure defendants understand exactly what they’re agreeing to,” Judge Cloutier told me. “The goal is healing, not forcing people into treatment.”
New Brunswick’s Department of Justice released an evaluation study showing the program has reduced emergency department visits among participants by 62% and decreased police interactions by 71%. I verified these statistics against hospital admission records provided by Horizon Health Network.
The Canadian Mental Health Association’s New Brunswick division has advocated for this expansion for years. “We’re seeing firsthand how this approach changes lives,” said executive director Christa Baldwin. “Mental illness shouldn’t be criminalized.”
For communities like Richibucto, which has seen increasing mental health-related police calls, the expansion offers hope. Mayor Roger Doiron told me by phone that his community desperately needs these services: “Our officers aren’t equipped to handle mental health crises, yet they’re often the first responders.”
As jurisdictions across Canada grapple with overincarceration and strained court systems, New Brunswick’s expansion of mental health courts represents a significant investment in a more humane approach to justice.
“I wouldn’t be alive today without this program,” Daniel Melanson told me as we concluded our interview. “I hope more people get the same chance I did.”
