Thank you, Mr. Speaker. I have a return to an oral question asked by Mrs. Marie-Jewell on March 16, 1993, regarding the intention to change the Hay River facility.
On January 19, 1993, the Hay River secure facility received a third designation, that of an open custody facility. There are three types of custody under the Young Offenders Act (Canada): open custody; secure custody; and temporary detention.
Under section 24(1) of the act, "open custody" means custody in a community residential centre, group home, child care institution, forest or wilderness camp or any other like place or facility designated as a place of open custody by the Minister of Justice.
"Secure custody" means custody in a place or facility designated by the Minister of Justice for the secure containment or restraint of young persons.
Under subsection 7(1) of the Young Offenders Act (Canada), a young person who is arrested and detained prior to making a disposition or detained pursuant to a warrant being issued under subsection 32(6), shall be detained in a place of "temporary detention" designated by the Minister of Justice. In the Northwest Territories, all secure custody facilities have been designated as "places of temporary detention."
The Manitoba court of appeal has ruled that a particular part of an institution or facility can be designated as "open custody," even if entering and leaving the facility itself is controlled by double locking doors, which are electronically controlled: Re F and The Queen et al. (1984), 16 C.C.C. (3D) 258, (1985) 2 W.W.R. 379 sub nom. C.F. v R. and Minister of Community Services and Corrections, A.-G.Man., Bock and Bakken (Man.C.A.).
The Nova Scotia court of appeal has ruled that what is necessary to properly designate an area as a place of open and secure custody is differentiation in programming, and facilities and programs for guidance and assistance of young offenders: Re D.B. and The Queen (1986), 27 C.C.C. (3d) 468 (N.S.C.A.).