This is page numbers 725 - 749 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was languages.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 742

The Chair

The Chair Tony Whitford

Thank you, Mrs. Marie-Jewell. Mr. Minister.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 742

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, there is an extensive list of different types of programs which are provided to the institutions across the territories. They vary from region to region and from institution to institution. We will provide the Member with that list.

I missed a couple of elements to the Member's question earlier. She was referring to a group of elders which was set up some time ago to provide themselves as a resource group to the Yellowknife Correctional Centre. That group of elders still exists and they still do some work at the Yellowknife Correctional Centre. The Yellowknife Correctional Centre, as far as I know, is still over populated. To what extent at this time, I am not certain.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 742

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Corrections. Mr. Pudlat.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Chairman. While we are on the topic of corrections, I have a comment to make. During the year of 1992, I tried to transfer two inmates from provinces into territories corrections. I am aware there are more than two inmates who are presently in penitentiaries. The inmates in the penitentiaries keep facing difficulties. I am aware the correctional centres within the territories are not big enough to facilitate the rising number of inmates. I know it is very difficult to transfer inmates from penitentiaries to facilities within the territories. For those reasons, we need a penitentiary within the territory because this is an ongoing problem.

The second comment I would like to make is, sometimes the inmates are brought down to the penitentiaries even though they are not hard criminals. I feel there should be a better system for those people who commit serious crimes to be able to stay in the territories. There was an incident last winter where they found an individual who froze to death. These are not my questions, but these are just my comments. I feel there should be a better system in place in the territories for these people who commit serious crimes to stay in the territories. Thank you.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 742

The Chair

The Chair Tony Whitford

Thank you, Mr. Pudlat. Mr. Minister, did you wish to respond?

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. When we talked with the Solicitor General, the general expression we gave him was we want to bring back inmates from the north who are serving time in the south. We want, as a government, to be able to provide facilities here if the federal government will cost-share it with us so we can design the facility, operate it and provide the kind of programming we feel is adequate and beneficial to our people. We specifically said to the federal government that we are not interested in talking about a federal penitentiary, which would be an institution, and programs designed and run by the federal government. That was not the answer. We wanted to have the federal government share the cost with us to build an adequate facility in the Northwest Territories and look at bringing all federal inmates to the north, who are not high risk or people who may be a danger to themselves or other inmates. The majority of people who are serving time down south from the north, can be provided with more than adequate facilities and programming in the territories.

The Minister had no difficulty with that proposition. In fact, he agreed to work with us on this issue. He took particular note of the fact that at least 60 per cent of all inmates from the north who are serving time down south are Inuit.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 742

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Antoine.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Mahsi, Mr. Chairman. On the Department of Justice, I just wanted to comment on corrections and the discussion of having a penitentiary in the north. I think we need an institution such as that in the north. The reason for that is, there are people who commit crimes in the north and are given two years less a day just so they do not get exposed to the hardened criminals. There is one particular case in my constituency where a young person was killed. The person who did it got two years less a day, so he would not get sent down south.

People in the community are very dissatisfied with it because there were people from the community who committed minor crimes, let us say break and enter, who received five years in the penitentiary. This young person who committed this act received two years less a day so he could stay in the north. The people in the community are saying, "Does that mean it is all right to do that sort of crime in the community?" They have a larger fine for doing a break and enter than for killing a person. The reason why he got two years less a day is they did not want to send him down south to be exposed to hardened criminals in the penitentiary. People in the communities are very dissatisfied with this reasoning. I am not telling judges what to do, but this is a concern which was raised to me by my constituents. Based on that, and probably other reasons, we need to have those kinds of institutions in the north, so we can take care of our people who are down south, to bring them back up in the north. I see a big flaw in the entire justice system because of that. I would like to hear a response from the Minister on this issue, Mr. Chairman. Thank you.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 743

The Chair

The Chair Tony Whitford

Thank you, Mr. Antoine. Mr. Minister.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I know there are many things that go on in the Northwest Territories which raise questions in people's minds, particularly of aboriginal people. The way the justice system operates has always has raised questions about why the system works the way it does. In a nutshell, the system is foreign and is not one that northern or aboriginal people readily identify with. I know there are sentences made which often raise questions. I know there is no answer to it and I will not try to explain it. It is not my place to explain the goings on of the courts and the way in which sentences are passed. The increasing involvement of community leaders and people in the administration of justice, in the passing of sentences in the courts, has been increasingly encouraged and welcomed. It is not only welcomed by the Department of Justice but also by the Crown prosecutors across the territories, by the judges and by the RCMP. People know the way the system works, the system where a law is used, interpreted and administered by a judge, defence lawyers, prosecutors, with and without juries, is not something which is working. The corrections system needs massive work done in order to make it something which is relevant and useful for the majority of people who get into the system.

I am of the view that until we begin this work and there is some substantive movement to get people involved in the sentencing, to provide adequate resources to communities so that they can take increasing responsibility for the incarceration of young and adult offenders, both in open and closed custody, these types of questions will continue to be in the minds of many people in the north.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 743

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Antoine.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 743

Jim Antoine Nahendeh

Thank you, Mr. Chairman. I am not sure if the concern I have falls under the category of corrections. This is a situation which was brought to my attention. I have been aware of it all along, however, it has been brought to my attention this past weekend. It is the whole area of banishment from the communities. I know of three particular cases in my constituency where men who have been charged with different crimes, and through an arrangement with the courts it might be the justice of the peace and the RCMP, are banished from their communities until their court dates.

In one of my communities there is this man who was banished for over one year. Once they are banished they must fend for themselves in another community. It causes hardships on the person as well as the community or camp which he decides to be banished to. In this particular case this man was banished to Fort Simpson, he then went to a bush camp for awhile and now he is down in the Fort Norman area. His court date is not set until May.

Recently another young man was banished from a community and he is in Fort Simpson. He is living around the community sleeping at different people's homes. Another man who is also banished from his community is travelling around the country and he is broke. It is not a very good system. We do not know if a person who goes to another community is going to be welcomed. He may be welcome for a couple of weeks but when he stays for months it gets very difficult, to take care of them, especially if they have no income.

In a couple of the cases the young men are the ones who provide wood and water to their parents. To take that away you are not only making the young man who is banished from the community suffer you are also making the whole family worry about him, they experience anxiety until their court date. It is a very difficult system which we have and it is totally foreign to the Dene people.

It is very hard to understand what this justice system is about especially when you treat the whole family like this. It has been going on for years. It is done on a more regular basis now. Because Fort Simpson is the centre, people who are banished from the smaller communities automatically go to Fort Simpson. It becomes very hard for the people in the communities as well as the individuals. They have to endure this until the court date. In some cases the court dates are postponed indefinitely. This is a very difficult situation. I am wondering if the Minister is aware of these situations. Is there something in place that deals with the situation or are we stuck with this indefinitely? I would appreciate if the Minister can respond to this, Mr. Chairman. Thank you.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 743

The Chair

The Chair Tony Whitford

Thank you, Mr. Antoine. Mr. Minister.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 743

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the Member points out a problem which arises when people commit offences which are usually committed against another person. For instance, in cases of spousal assault or assault against members of the family or the community, it has been practised for many years that if a person should beat up his common-law wife or his wife, that the wife and the children are taken by Social Services out of the community to ensure their safety and well being. Women have complained about this for many years, wondering why they become further victims of the system. In cases where there is support from the communities and sometimes from the perpetrator, if the offender agrees the best recourse at the time could be an order placed prohibiting that particular offender from being anywhere near the person or the community where they committed that offence, so the community or the persons they have committed an offence against can have some peace and security. In many aboriginal societies, banishment was a common practice, you were no longer welcome in your family or community if you committed crimes of a serious nature, crimes against your own people. Banishment was usually almost fatal because the individual was left out on the land with absolutely no support or contact with people. Banishment is now being revisited by many communities. We have not worked out all the kinks yet. For instance, we expect that many communities will make the

suggestion that they may use the idea of banishment, but provide their own support, facility or program to those people who are banished from the community, so these individuals are not, as in the case of the Deh Cho, unwittingly placed on the streets of Fort Simpson. Communities should be supported when they accept the idea of banishment. Also, we need some support for resources to take care of those people who are banished, before sentencing, if their sentencing included banishment, to help carrying out that sentence. I know the Member is correct, it does create some problems. It bring about problems when we do not carry out this sentence because it creates undeserved hardship on the individuals who become afraid and intimidated as the individual who has committed these crimes is still wandering the streets, sometimes too close for personal comfort and security.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Antoine.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

Jim Antoine Nahendeh

Thank you, Mr. Chairman. I would like to thank the Minister for those comments because he touched on a very interesting point. Banishment, traditionally, was done by the entire community. If this is going to be included in the correction system, I would support that, but in these particular instances, banishment was imposed by the justice of the peace in some cases, the RCMP. It is not coming from the community. It is difficult for parents, the family and the entire community to understand in these instances.

The problem is that people who are banished from the smaller communities go into the major centres. The major centres do not have any programs to help these people and there is no support. This one individual was stuck in a community. He asked me personally for money to help him. Of course, I could not give him money. He said, "They sent me over here. How am I supposed to live?" It is very difficult for people like that, especially if there is no program, no support of any sort. This particular issue, where people are not allowed to be in their communities because they have been charged and are waiting for court, which may be two or three months down the line, is very difficult. They go to another community and there is no support, no place to stay and so it becomes very difficult on the individual and that individual's family, as well as the community that this person chose to be in. Is there any program that the Department of Justice has in place at this time to correct this problem? Thank you.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

The Chair

The Chair Tony Whitford

Thank you, Mr. Antoine. Mr. Minister.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the fact is, where people commit crimes or are charged with spousal assault, traditionally, we often take the victims and the children out of the community. We fly them out to other communities that have programs or facilities available to them. Social assistance is provided to these victims. There are some cases where it is the offender, the person who is charged or has been sentenced, who is prohibited from being present in the community where they committed the offence.

We can check into the specific cases that the Member is referring to and make sure that there are provisions made to these individuals. For instance, when they should be given social assistance, if that is what they are eligible for, but we would also be interested to see what we could do with communities. For instance, the Deh Cho region, if they should propose, we could sit down immediately to have a talk about any interest they may have in providing facilities and support systems for people like this. I would be very interested if the Member would suggest a meeting with some leaders in his community to discuss this, because courts and agencies are starting to move this way. The number of people who may end up going to larger regional centres, such as Fort Simpson, are not going to diminish. It may increase. It may be a very good time now to do something, at least start discussing this development with a view to come up with something that would address the situation.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Are there any further comments on corrections? Mr. Pudluk.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ludy Pudluk High Arctic

(Translation) Thank you, Mr. Chairman. I have a question with regard to the Baffin correctional youth centre for youth offenders. Many offenders are at the BCC and their relatives do not usually have money and transportation to visit them. It is very costly to travel from one community to the other. One relative tried calling one of the inmates in the BCC and when that person called their relative, the correctional officer would not approve the call. I want to know if a correctional officer is able to do that? Is there a policy for them not to receive calls?

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

The Chair

The Chair Tony Whitford

Thank you, Mr. Pudluk. Mr. Minister.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the correctional centres that I have visited are all learning facilities, particularly the young offender's facilities and the adult correctional facilities are ones that have programs where the offenders have schedules from the time they rise in the morning until they retire in the evenings. The facilities all encourage contact with families and communities, but they do not encourage calls to be made in or out of the facilities by inmates or by families at any time of the day or week. It does cause problems with the scheduling and staff making sure that people are not running back and forth to phones all day. I do not want to over-exaggerate it, but just to keep it simple, inmates and families are encouraged to phone only during certain times so inmates are available and phones are made available to them for their use only at certain times of the day and week. That has been the practice for some time. I know it creates difficulties when people in small communities do not have ready access to phones or the only available times are certain hours of the day, but this is the current practice and that is why some of the people in the small communities have difficulties. That is the way those facilities are run.

We have received requests from time to time, to look at ways in which we can help families of young and adult offenders visit to provide support to the inmates. These types of suggestions are made, but we know there are not adequate resources to entertain these suggestions, so we have not responded to them. Thank you.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 744

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Pudluk.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ludy Pudluk High Arctic

Thank you, Mr. Chairman. I appreciate your

response and I thank him. However, those people who are trying to call in from other communities should be informed of the hours they can call in and have it explained to them. The person I got this information from said apparently the staff at the centre, they did not even tell that person whether it was possible or impossible to talk to the individual. Apparently he was told "Do not call here again", even though he was trying to talk to a relative inmate from another community. He was trying to call a relative at BCC and he was told "Do not call back." Of course, that person was upset. I thought they were following a policy. Thank you, Mr. Chairman. Thank you, Mr. Chairman.

Bill 17: Appropriation Act, No. 2, 1993-94
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 745

The Chair

The Chair Tony Whitford

Thank you, Mr. Pudluk. Mr. Minister.