St. Thomas police publish court info to highlight flawed 'catch and release' system

Police in St. Thomas, Ont., are taking the unusual step of publishing redacted court dispositions, to raise awareness about the challenges facing officers and community members, and the need to find solutions to helping vulnerable people.  

The dispositions detail charges against an alleged offender and the outcome of the court process. In many cases, police Chief Chris Herridge said, individuals are being charged but then released.

He cites these two examples involving St. Thomas men:

• A 29-year-old arrested 29 times since 2019, with 77 Criminal Code charges (34 relating to property crime and six to trespassing), four drug-related charges, 39 fail-to-comply charges (26 withdrawn) and 45 charges withdrawn overall. Police have either apprehended him or checked on his well-being 19 times, including for overdoses. He was reported to police 63 times as an unwanted or suspicious person because he's experienced homelessness.
• A 27-year-old arrested 30 times since start of 2019, charged with 86 Criminal Code offences, with 22 charges related to break and enter/theft/possession of property obtained by crime/ possession of break-in instrument, six charges related to violent crimes, 58 charges for failing to comply with release orders (47 withdrawn), 59 charges withdrawn overall,13 Trespass to Property Act charges, heavy drug user/mental health issues.

Herridge doesn't take issue with more serious crimes, as alleged offenders will often be held in custody, is more concerned about the way more minor offences are being handled. 

"We can't arrest our way out of the cycle of poverty, addiction, homelessness and mental health," said Herridge. "We need to find a solution that's going to help the vulnerable person that's involved in crime, but also decrease property crime that they're involved in to support their habit."

Until we live in a province, in a country, in a city that brings all of our citizens inside to sleep, that allows our citizens to have enough to eat and live with human dignity, I really don't think we should be punishing anybody for the behaviour they have to participate in to survive.- Dr. Andrea Sereda, London InterCommunity Health Centre

For Herridge, finding the solution starts with public awareness about what police and society are up against. 

"People get arrested, they go to court, they get released, and the cycle starts all over again. We need to find a way to prevent that."

Herridge said the situation is frustrating for community members, particularly those who've been victims of crime, and officers.

"We are arresting people. We are doing our job. We are trying to help out here, but it just seems like we have to take on a lot of health-related responsibilities and calls for service."

The St. Thomas Police Service (STPS) has a mental health crisis team to help front-line officers, but it's difficult to staff that service 24/7 and a request for a provincial grant to help cover the costs was recently turned down, according to Herridge. 

"We are not the answer. We are not the experts in addictions. We are the experts in policing."

What's needed?

Dr. Andrea Sereda, from the London InterCommunity Health Centre, has daily experience with clients who live with poverty, homelessness and addiction.

"I think police are coming at this from a good faith perspective," said Sereda. "They're trying to show that most of this really shouldn't be a criminalized issue; that should be dealt with in other spheres."

She said simply pointing out the policing side of the equation is not enough; addressing poverty and housing is critical. 

"Until we live in a province, in a country, in a city that brings all of our citizens inside to sleep, that allows our citizens to have enough to eat and live with human dignity, I really don't think we should be punishing anybody for the behaviour they have to participate in to survive."

That means breaking down layers of structural inequity that keep people outside, sleeping rough and doing whatever it takes to survive, she said. 

"You'll never get a 100 per cent success rate," said Laura Huey, a professor of sociology at London's Western University with a focus on policing and public policy. But, she agrees, housing has to become a priority.

Huey recounts the story of a man who was arrested and then became friends with police officers while in cells. 

"They didn't know what else to do with him and didn't have anywhere else to put him. He would have died of exposure out in the freezing cold here in Ontario," she said. "Is that really the type of housing and food provision that we want for people? No, but unfortunately that's currently, and for far too many people, what they're getting."

Huey fully supports efforts such as publishing court dispositions that might influence public opinion and policymakers when it comes to the search for solutions. 

"The more we can do to educate people on how the criminal justice system actually operates, where your money goes, what works and what doesn't work, the better." 

Herridge believes there's a better way for someone who commits an offence but has an underlying reason such as addiction.

"Maybe there should be a separate stream [for alleged offenders] versus the criminal justice stream. Maybe you have go to a rehabilitation centre for help."