Judging for the 21st Century: A Problem-solving Approach

Source: (2005) Ottawa, Canada: National Judicial Institute. Downloaded 25 February 2005.

This handbook provides Canadian judges with an introduction to TJ principles and practices, and with some practical suggestions and guidelines on how to incorporate those principles and practices into their courtrooms. Its larger aim is to help judges run their courtrooms more effectively, creatively, and successfully. Section 2 provides a brief background on dedicated drug-treatment,
domestic violence, mental health, and Aboriginal courts in Canada, and other TJ initiatives. Section 3 provides judges in courts of general jurisdiction with a set of guidelines for understanding therapeutic judging and suggestions for incorporating problem-solving principles into their courtrooms. This section is organized according to four broad areas: enhancing interpersonal skills, crafting behavioural contracts and relapse-prevention plans, developing a non-adversarial team approach, and sentencing therapeutically. Section 4 explores some of the challenges and opportunities that judges and courts in smaller, rural, and remote regions face when thinking about incorporating TJ initiatives, and provides suggestions for adapting TJ principles to these regions. Section 5 provides judges and interested parties with resources and references for information on TJ and support on implementing therapeutic initiatives in the courtroom. (excerpt)