People with mental illness face barriers in justice system, say Sask. judge, parent

Colton Erickson has been at odds with the law since he was young, his mother says,but there was never enough support for people with mental illnesseslike his.

It's a common story in the justice system, she says.

"The children that had the normal I guess ADHD kind of things you could access some resources, but he had a lot of stuff going on, even from a young age," Colton's mother, Angela Erickson, told Garth Materie host of CBC's Blue Sky.

Colton was 29-years-old when he was arrested and charged for burning down several buildings, including his family home near Alida, Sask., in March 2022.Alida is about 250 kilometres southeast of Regina.

• Parents say adult son released from hospital 48 hours before arson rampage

Angela said Colton had fallen through the cracks while living in British Columbia and was constantly either arrested, placed into the hospital or released.

"When we brought him here we discovered there was really no resources here for us," she said. Hospitals wouldn't admit him, instead dismissing him as a 'drug addict,'" Angela said.

WATCH | Angela and Clayton Erickson called for changes to how the justice system handles people with mental illness after son allegedly burns down home:

Sask. families say provinces mental health-care system failed them

3 years ago

Duration 0:01

WARNING: This video contains distressing details | As Saskatchewan grapples with serious staffing shortages across its mental health facilities, at least two families are pleading for more resources to keep their sons and others safe.

She wanted Colton to get help, rather than be incarcerated despite him threatening his family but found there wasn't help available. When he was taken away with an expectation he would be detained on a psychiatric hold, he wasn't.

"No resources for him, but no resources for us either," she said.

"There's nothing for them and there's nothing for the community to protect the community from them."

A 2020 report from the Mental Health Commission of Canada found 73 per cent of federally incarcerated men and 79 per cent of women met the criteria for one or more mental disorders.Twelve per cent of men and 17 per cent of women appeared to have a major mental illness, like psychotic disorders or bipolar disorder.

Shannon Metivier, Chief Judge of the Provincial Court of Saskatchewan, said situations like Colton's, where accused have mental health issues or psychotic episodes, are common.

"People with mental illness are often charged with fairly minor crimes, then because of their illness they tend not to show up at court," she said.

This can cause their charges to get more serious and their record to lengthenuntil they're imprisoned. From there, it's a gradual loss of resources outside the justice system, like housing and medical support, meaning they sometimes return to the community in a worse position than when they left.

Then it starts again, potentially worsening their conditions.

"The mental health court is an attempt to address some of that," Metivier said, adding it is for minor offences.

She said mental health court is meant to evaluate people locked in that cycle and connect them with community services.

It's voluntary and allows people who have mental health challenges like fetal alcohol spectrum disorder or a cognitive disability to have their sentences delayed and/or served in the community rather than in remand.

Angela said that she wants to see judicial reform, rather than what she refers to as a catch-and-release type of justice that"does nothing to address the problem. There needs to be housing, there needs to be resources for these people."

As someone who has had to work through judicial processes, she said a shorterprograms for offenders who are given treatment may address the substance problem but not deal with the root issue of mental health.