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A Halifax Regional Police officer who faces 37 criminal charges has been referred to Dartmouth wellness court – despite the objections of a Crown attorney.

Const. Jennifer Lea McPhee, 43, was arrested last September after a shoplifting incident at the Atlantic Superstore on Chain Lake Drive in Halifax. The off-duty officer allegedly was wearing a wig and had her partially loaded police handgun in her purse.

McPhee was arraigned in Halifax provincial court in October on seven charges from that incident: theft under $5,000, wearing a disguise with intent to commit an indictable offence, and five counts involving the gun - a Sig Sauer nine-millimetre pistol.

A few days later, the force announced McPhee had been charged with an additional 15 counts each of theft and possession of stolen property, from a string of shoplifting incidents at five Atlantic Superstores in metro last summer.

McPhee’s charges returned to provincial court Monday, when defence lawyer James Giacomantonio applied to have the matters sent to wellness court.

Prosecutor Rick Miller objected to the request, saying it was his understanding that a referral to wellness court could not be made without the Crown’s consent.

“I think that’s a misunderstanding,” Judge Amy Sakalauskas said.

“I’ve never known the Crown to have the ability to prevent an application to wellness court.”

Mental health issues

McPhee’s first appearance in wellness court will be April 2.

People referred to the mental health court program at wellness court must accept responsibility for their criminal actions and be screened to determine that a mental disorder played a role in the commission of the offences. The Crown attorney assigned to the court also has to approve of the accused’s participation.

Rather than conduct trials, the court sets up a treatment plan for each person. If people successfully complete the program, the criminal charges against them are usually withdrawn.

Following McPhee’s arraignment in October, Giacomantonio told The Chronicle Herald his client was “receiving treatment for mental health issues relating to these charges. Her health is our primary focus, and we will deal with these charges once she has received treatment.”

On Monday, Giacomantonio said he has talked with Aileen McGinty, the Crown attorney attached to wellness court, and she has agreed to consider McPhee’s application.

The judge encouraged Miller to speak to his colleague at wellness court.

“The Crown always has the right of veto, as to public safety reasons, and nobody can change that,” Sakalauskas said.

McPhee, who has been on the force for more than 17 years, remains suspended with pay. She had most recently been working as the community response officer for the Spring Garden Road area of Halifax.

In February 2012, McPhee was charged with impaired driving after an employee at a Halifax drugstore reported her to police. She pleaded guilty to having a blood alcohol reading above the legal limit of .08 and received a curative discharge with 18 months’ probation in May 2013.

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