E/CN.4/2006/7/Add.2 page 15 54. The Gladue (Aboriginal Persons) Court is open to all Aboriginal accused persons. The judge, prosecutors and court workers have a particular understanding of the way in which traditional criteria for granting or denying bail have a disproportionately negative impact on Aboriginal accused persons. Moreover, they have specific expertise with regard to the programmes and services available to Aboriginal people in Toronto as possible alternatives to pretrial custody. 55. The Mental Health Court at Old City Hall is staffed by two mental health workers, a case manager and a psychiatrist, in addition to a judge and prosecutors with expertise in mental health issues. By significantly mitigating the adversarial character of bail hearings, this court takes into specific account the disadvantage accused persons with mental health problems face in arguing for judicial release from pretrial detention. All parties involved in bail proceedings before the Mental Health Court aim, where appropriate, at returning these individuals to the health-care system with adequate housing and support systems in place. 56. The non-violent accused who are drug-dependent may elect to have their application for bail heard in the Drug Treatment Court at Toronto’s Old City Hall Courts. In this court, prosecution and the accused can agree to charges being stayed or withdrawn if the accused successfully completes a rehabilitation programme. During the 8 to 15 months’ duration of the rehabilitation programme, the accused will regularly appear for bail hearings before the Drug Treatment Court and thus remain under the supervision of the court. The Provincial Court in Vancouver has opened a Drug Treatment Court as well. 57. The Working Group attended hearings of each of these three courts and heard about their undoubtable strengths. Some of the Working Group’s interlocutors have, however, also highlighted reservations they entertain with regard to the full and effective respect of the right to a fair trial in proceedings before the Drug Treatment Court. They point out that charges against the accused are “suspended” and the determination of their guilt or innocence delayed for often more than a year. Additionally, the coercive powers of the criminal process are used for purposes of inducing persons to undergo health treatment. 58. Another project that has impressed the Working Group is the Bail Supervision and Verification Programme in Toronto (the “Toronto Bail Programme”), which - with funding provided by the provincial government - assists accused persons who otherwise would be denied bail to obtain a judicial release. In this programme, Toronto Bail Programme staff interview potential clients (i.e. remand detainees seeking release who are otherwise unlikely to obtain bail) and conduct a detailed analysis of the detainee’s situation. Based on this information, the programme decides whether or not it will accept the client. If the Toronto Bail Programme accepts the client, it will then supervise compliance by the accused person with the terms and conditions imposed by the bail court. At any time, hundreds of persons in the Toronto area who would otherwise be in remand detention are not deprived of their liberty, but under the supervision of the Toronto Bail Programme.