The underfunding of the Philippe-Pinel National Institute of Forensic Psychiatry has real consequences for the public: a violent criminal who stabbed a man in the face will not be able to be declared a dangerous offender because of “catastrophic” evaluation delays . A scenario that risks repeating itself since the Institute will take years to catch up.
“The Philippe-Pinel Institute has been sounding the alarm for more than two years and the State has chosen not to react. […] It is unacceptable that nothing has been done, ”said Judge Dennis Galiatsatos of the Court of Quebec on Friday. In his vitriolic judgment, he slams the government of Quebec, emphasizing its “general neglect of justice”.
The Press revealed last November that the Institut Philippe-Pinel was no longer able to assess Quebec’s worst criminals within legal deadlines due to an “exponentially growing” volume of applications, insufficient funding and a deficient mode of remuneration.
A psychiatric assessment to determine whether an accused can be declared a dangerous or long-term offender must in principle be carried out within 60 days, stipulates the Criminal Code.
In this case, Franklin Minville – already declared a long-term offender – also risked being declared dangerous and facing an indeterminate sentence. This repeat offender followed and stabbed a man in the face, who only survived “by the grace of God”. He faces more than 10 years in prison.
However, Judge Galiatsatos refused to extend the deadlines beyond 60 days, making it impossible for the public prosecutor to have the accused declared a dangerous offender. Although the request for evaluation dated September 23, Franklin Minville had gone in two months from 23e at 17e on the Institute’s waiting list. The anticipated delay was at least six additional months.
It is regrettable to note that the catastrophic delays in this case are not exceptional. On the contrary, they are the norm and there are currently no concrete measures taken to tackle the problem.
Dennis Galiatsatos, judge of the Court of Quebec
A head of department at the Philippe-Pinel Institute, Elizabeth Mandeville, revealed to the judge that it would take “up to two years” to regain control of the deadlines given the “crisp lack of resources”. And even worse, it would only be in “three years” that the Institute would be able to meet the legal deadline.
The Pinel Institute lacks psychiatrists and psychologists specializing in sexual matters to deal with such requests, according to Ms.me Mandeville. Only five experts – on a part-time basis – carry out this type of evaluation, since the mode of remuneration is not advantageous. Quebec has only granted $100,000 since 2011 to make 15 requests per year, while more than 35 are made on average.
The Attorney General of Quebec admitted that Ontario had “no problem” meeting the deadlines and that the Quebec government had “no solution to offer”, underlines the judge in bold. The problem is “above all” a problem of availability of specialized candidates in Quebec, explained the government representative.
To avoid a “culture of complacency”
According to the judge, the state should have acted as early as July 2020 when the Institute was bombarded with 20 requests in five weeks.
“However, if the state’s advocated remedy is to ignore – routinely – the plain text of a legislative provision, this is indicative of a fundamental problem that is difficult to ignore. […] Inaction is not a solution. Rather, inaction is the problem,” the judge said.
Thus, the judge continued, granting an extension of the deadlines in such circumstances would encourage a “culture of state complacency” vis-à-vis the deadlines.
The judge goes further by referring to the current “unreassuring” context of the judicial system, hit by a lack of staff and the closure of courtrooms.
“The situation seems to be deteriorating further. Clerks, assistants, interpreters, stenographers, constables, detention officers have all reached overwhelming levels of shortage. It is difficult not to see a general neglect of justice, ”deplores the judge.
Moreover, the judge was to render his decision a few days earlier. However, that day, 10 courtrooms in the courthouse remained closed due to lack of staff, revealed The Press. A situation severely criticized by Judge Galiatsatos.
“Files postponed, files delayed, the system paralyzed… This is a deplorable game of lottery by which litigants move to the courthouse, hoping that they will have the “privilege” of proceeding on the date that had been assigned to them. promised. This is deplorable”, denounces the judge.
“This generalized situation greatly weakens any motivation of the Court to be lenient towards the delays caused by the lack of state resources allocated to the Philippe-Pinel Institute”, he concludes.
Me Patrick Lafrenière represents the public ministry, while Me Cynthia Chénier defends the accused.