Problem-solving courts in Canada: A review and a call for empirically-based evaluation methods

Abstract

While problem-solving courts may soon become permanent fixtures within the criminal justice system in Canada, little is actually known of their effectiveness in dealing with crime. The current paper will review the fundamental basis for these court models, with special attention on their arrival in Canada. The focus will be on three particular forms of problem-solving courts — mental health court, drug treatment court and community court — due in large part to the availability of literature. Existing evaluations, both process and outcome, of both the Canadian and American models will be discussed and their inadequacies addressed. It is hoped that this article will serve to dispel myths surrounding the ethical application of random assignment when evaluating these court systems. Through the application of experimental methodology, evaluations may finally be able to address the issue of whether these court systems are effective alternatives to the traditional criminal justice stream.