Agreed.
Does the committee agree that Bill 9 is ready for third reading as amended?
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Some Hon. Members
Agreed.
Does the committee agree that Bill 9 is ready for third reading as amended?
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Some Hon. Members
Agreed.
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The Chair Richard Nerysoo
Is the committee agreed that we get into the budget at 1:30, agreed?
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Some Hon. Members
Agreed.
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The Chair Richard Nerysoo
Thank you. Prior to leaving the committee, and just to remind Members who are interested in going to the Remote Sensing Centre, transportation will be in front of the Assembly immediately. The time being 12:30, the and session will begin at 1:30. Thank you.
---LUNCH RECESS
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The Chair Ludy Pudluk
Department of Justice, page 7-8, directorate. I wonder if the Minister would like to invite his officials in at this time? Madam Premier.
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Nellie Cournoyea Nunakput
Mr. Chairman, the Minister of Justice is prepared to move ahead with this department.
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The Chair Ludy Pudluk
Is this committee agreed that the Minister invite his officials in?
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Some Hon. Members
Agreed.
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The Chair Ludy Pudluk
Thank you. I believe that the officials are not here yet, but they are on their way. We are on the directorate. Mr. Gargan.
Department Of Justice
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Samuel Gargan Deh Cho
Thank you, Mr. Chairman. Mr. Chairman, yesterday I was asking a question, when you recognized the clock at 7:00 p.m. My question was with regard to young offenders, and fines imposed on young offenders. In most cases where young offenders go to court, their fine seems to be quite extreme, so, even if they wanted to work off their fines, they have to make a lot of time, and commitment, in order to work off the fine option.
I am not trying to influence judges, or the courts, that they should lessen the fine, but we know the young people, after a while, working for nothing just does not make them much more responsible. Eventually, Mom and Dad would step in and pay off the fine, anyway. It happens quite a bit. I was wondering, rather than imposing a fine, if a young offender goes into court, that they be given a certain amount of community service work, or something to that effect.
A young person that is charged really does not concern himself about the charge, because, eventually that responsibility would fall on the parents. I was wondering how the department is trying to address that particular issue, because I think that it happens all the time.
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The Chair Ludy Pudluk
Thank you. At this time the Chair would like to recognize in the gallery, Michelle Thomas, and her grade ten class from St. Patrick's High School. Welcome.
---Applause
Mr. Minister.
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Stephen Kakfwi Sahtu
Mr. Chairman, it has been pointed out before that the justice system, and the way in which the system is directed to deal with young offenders, has been largely in place, in the absence of any input from, certainly aboriginal people, and northern people. There are two aspects to it.
When young offenders have been dealt with in the justice system, one is generally some sort of fine is given to them. The other is, they are sent sometimes to facilities that are designed, and set up, for young offenders who are sentenced to a certain period of time.
It is our suggestion to communities and I pointed it out a little bit yesterday, in places like Fort McPherson, Fort Good Hope and other communities, to develop, and suggest, alternatives directly to the judges, and to work out arrangements with the judges at the community level, as to what they recommend be done in dealing with young offenders.
The department, itself, does not have a specific suggestion, to say here is what we think we should do, other than to say that the community can set up, for instance, youth justice committees, a council of Elders, or just a council of community leaders, that can sit in the courts, take part in the proceedings, advise the courts as to what they recommend, and what they are willing to do to take responsibility for those young people. That is the response I hope the Member is expecting, and that is what he wanted to hear. Mahsi.
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The Chair Ludy Pudluk
Thank you. Directorate. Mr. Gargan.
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Samuel Gargan Deh Cho
Thank you. I appreciate the response from the Minister. When judgement is passed on a young person, a teenager, or a very young child, that goes up in the courts, the courts seem to think that those kids have a bundle of money to spend, and they fine them. Whether, or not, the court knows that whether the child pays the fine or not, the court also know that the parent could pay for the fine.
Regardless of what the circumstances look like, I always have that funny feeling that if you do not impose a fine, then you send them to an institution to serve their sentence. There is nothing in between. Say you are fined $150, if you cannot pay it, then the communities still have that final option in which a child could work off their fine. I do not know why they do not just say it outright, you have to do 20 hours of community services, as opposed to imposing a fine on them, and try to meet that date, or try to work off that fine, before that date comes where you have to pay that fine. Thank you, Mr. Chairman.
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The Chair Ludy Pudluk
Thank you. Mr. Minister.
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Stephen Kakfwi Sahtu
Mr. Chairman, the thought is that whoever presides in a court proceeding, whether it is a Supreme Court judge, a territorial court judge, or a justice of the peace, they will continue to practise law, so to speak, using whatever examples we have in the past. The only suggestion we can make, to say they can do something different, is if the communities get involved.
People at the local level, for instance, might have a lot of young offenders going to court, who find that a large number of them are being fined, usually large fines and there is no flexibility in the sentencing. The fastest remedy is for a group of community leaders to start working with this department, to work out how they can get involved in the administration of justice, even on the interim.
The young people of the community would take note of that, and I think they would show tremendous appreciation for the concern and the care that community leaders would be showing through such an initiative. I also think that people are becoming increasingly more sensitive to the kind of problems and the pain and suffering that a lot of young people are going through, that we do not know about.
I think by drawing our community leaders closer to them, it has got to have a significant effect, a good effect on young people. It would show our own people reaching out, trying to help in an area where traditionally, we have had the attitude that if you are a young person, and you get into trouble, you are on your own. We have to give up our responsibility for you, you are now in the hands of the courts. You are at the mercy of a system that we have nothing to do with. To take an initiative is a positive sign, that everybody would appreciate, especially our young people. Mahsi.
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The Chair Ludy Pudluk
For the record, Mr. Minister, would you introduce your witnesses?
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Stephen Kakfwi Sahtu
The same individuals join me today, as yesterday, Mr. Rudolph, the Acting Director of Finance, and Mr. Geoff Bickert, Deputy Minister of Justice.
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The Chair Ludy Pudluk
Mahsi Cho. Directorate. Mr. Gargan.
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Samuel Gargan Deh Cho
One other problem that I find, is when a young offender goes to court. They are never there because they acted on their own. There is always a group of them, the whole gang, sort of thing. If one does it, the whole group does it. You find, in most cases, influence from other young people has a lot to do with it.
The other thing too, Mr. Chairman, is we also have a lot of young offenders who are there because of adults. Whether it is supplying minors, or not, you do not connect the two.
One of the things that I find very difficult is that, if a young person goes up for consuming alcohol, there does not seem to be an effort to find out where they get their booze. This is one area that I have been struggling with in my community, in which young people get into trouble, because they are under the influence. We cannot seem to find out who the person is that is giving them the booze. I do not know how you could handle that, but this is one area that I am very concerned about, with regard to supplying a minor.
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The Chair Ludy Pudluk
Thank you. Do you wish to respond to that, Mr. Minister?
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Stephen Kakfwi Sahtu
Mr. Chairman, again, just to build on what I was saying earlier, when you have initiatives by communities, where a group of people might be very concerned about the number of young people who are going
through the courts, there is a way in which they can deal specifically with youth, with young offenders, by setting up a committee that says that is all they are going to deal with.
That is what we have in Fort McPherson. It is possible, if the communities feel they want to take an even larger role, by dealing with, not only children that are young offenders, but also deal with their parents, and the adult offenders of the community. It is taking more of a family, and community approach to dealing with offenders. The community is taking a role in the sentencing and the decisions of the justice system, when dealing with parents and adults in the community.
It has been said many times that young people, for instance, will not be very eager to lay a complaint against an adult who has supplied them with alcohol, because it is not that they force feed them the stuff, the young people get it because they want to get it. I do not think there is any great inclination toward anger at these people for doing it, unless there is some tragedy involved. I do not know that a great deal of time could be spent on that. Again, dealing with the source of the problem, that probably is where I would be interested in working. I do not want to spend a great deal of time saying, "what can I do to get young offenders to lay complaints about who is supplying them with drugs, or who is enticing them to commit crimes, or who is encouraging them to drink, and generally get into mischief and misbehave." Rather, I would not want to ignore it. I would say that I would like to spend a great deal more time trying to deal with the source, and how the justice system deals with them. If we do that, then we just let the court sentence them, and send them off to correctional facilities, you are just going to continue. I think if we get community people to work with young offenders, to work with judges and the court system to take a more caring, I think, supportive role for these young people, then I think we should see a decrease in the number of times these young people come back into conflict with their communities, and with the justice system. If we also take an approach where the community should also take responsibility for the parents, and the adults, who also break laws, then surely, we would have good returns for our efforts there as well.
Again, sending many adults to jail, or fining them, does not do anything. It just puts a dent in their pocket, and in many cases, it has been said, that it is a relief for some adults to be sent to Yellowknife where they can have their own bed without worrying about it. They are absolutely dead certain they are going to have three meals a day, they are not going to be cold, and they are not going to have to worry about anything. There is no stress, the way some of them live in the communities, the kind of lifestyle that some of the adults lead, they can only say that it is a nice break, and I am going to be gone for a couple of months.
So, I think there is a real need to do some work in there, and I am quite anxious to get involved with communities that would take some initiative in this area.
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The Chair Ludy Pudluk
Thank you, directorate. Mr. Gargan.
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Samuel Gargan Deh Cho
Thank you. Mr. Chairman, the other area that I would like to touch on, I do not know whether, or not, the Minister would like to respond, he did say that people would like to take a break, but most of the people that would like to take a break are married people, so it would probably give them a nice break from their wives, too, I suppose.
Those are the people that I do not think would want to see themselves going to jail. Those are family people, and I think the deterrent in this case would be to send them to jail. I do not know.
With regard to the Family Law Review Committee, Mr. Minister, you said that you are going to be tabling a document on that, and I was particularly interested in that custom adoption. Four or five years ago, or even before that, custom adoption used to be a practice that happened between two aboriginal families within a community, and it is usually done with regard to the immediate relatives taking on the responsibility of a young child.
These things have changed through the years. The responsibility was also taken on by Social Services, and so we go through a long process, and the result is not always the same. Now, the Minister did say that there is going to be a report coming out soon. Today, maybe, but I am really interested in how he incorporated customs into the present law system. How did he do that? It is probably very difficult. It took him four years to look into the whole thing, but how is it addressed.
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