Yukon gov't says local treatment available for sex offender
Judge's recommendation for Alberta program 'noted' but won't affect decision
The Yukon government is defending its decision not to pay for treatment in Alberta for a sex offender, as requested by a territorial court judge.
At a hearing in Yukon Territorial Court this week, Judge Donald S. Luther called Billy Dean Callahan-Smith, 20, a "troubled young man who needs considerable treatment, beyond what's offered by programs currently in this territory."
Lawyers were urging the Yukon government to send Callahan-Smith to the Phoenix program in Alberta, at a cost of about $875 per day.
The judge wrote in his decision a "strong recommendation" that Callahan-Smith be sent to Alberta for treatment. However this has no legal power.
Allan Lucier, assistant deputy minister of Community Justice and Public Safety, says Yukon's programs are sufficient.
"Yukon does not have a residential treatment program, but we certainly have a myriad of services that can be utilized when dealing with sex offenders," he says.
Lucier says programs for sex offender rehabilitation are available through probation services. He describes a "very highly-trained multi-disciplinary sex offender case management team," which can provide support to probation officers.
He adds that eight Yukon corrections staff were recently trained at the Justice Institute of British Columbia. A course teaches techniques in "prevention, assessment and case management in order to minimize the likelihood of re-offending."
"They're bringing this training and knowledge to the sex offender program that we have already," he says.
Lucier says the judge's recommendation has been "certainly noted."
"The prerogative of the bench to provide suggestion or direction is just that — the prerogative of the bench."
Phoenix program
The Phoenix Program differs from probation services because offenders first stay in a correctional facility where they are supervised around the clock.
For the first six months offenders spend 35 hours a week in intensive individual and group therapy. They then live under close supervision outside the correctional facility and continue treatment for four hours a day for up to eight months.
Weekly sessions continue after this concludes, with an emphasis on treating sex offenders' belief that victims are willing participants and helping them understand the harm of sexual abuse.
2 years of probation
Callahan-Smith has been released on two years' probation in Whitehorse into the care of his parents.
He will check in with a probation officer and is required to stay away from children and places where children gather such as pools, daycares and public parks.
Probation requires him to understand court conditions. However this week, defence attorney David Tarnow said Callahan-Smith functions at "about the level of a six-year-old."
"Individuals that are sentenced come to us with all varying states of cognitive ability," says Lucier.
"The individual assessments take into effect the complexities that each offender brings to us and then the treatment and/or program combined with the supervision is managed by the offender and agencies."
The territorial court judge this week said he was "sad to hear" of the government's decision not to pay for treatment in Alberta.