Relationship Between Justice System And Residents Of Small Communities

In the Legislative Assembly on November 16th, 1994. See this topic in context.

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

Page 58

Samuel Gargan Deh Cho

Thank you, Mr. Speaker. Mr. Speaker, for the last few years, one issue that has received a lot of attention and discussion is the relationship between aboriginal people and the justice system. Today I would like to talk about the relationship between the justice system in the Northwest Territories and the residents of smaller communities, both aboriginal and non-aboriginal.

In Canada, when a person comes into conflict with the law, they have the right to legal representation. This right is entrenched under section 10 of the Charter of Rights and Freedoms. If a person is detained by authorities, the exercising of this right poses certain duties on the police. The first is that they must give the person the opportunity to retain and discuss the situation with a lawyer without delay. The second is that the police must not attempt to extract information from the detained person until the person has had reasonable opportunity to retain a lawyer.

These two conditions, Mr. Speaker, place additional duties on the authorities. They must inform the person of the reason they are being detained, or arrested so that the person can exercise his or her right to counsel in a meaningful way. The accused must have a reasonable understanding of the trouble they are in. This understanding is even more important if a person should choose not to retain a lawyer.

From time to time, usually in the south, we hear of these basic rights being violated for one reason or another. Usually they are just honest mistakes that can sometimes have very serious consequences. We face a unique situation here in the north that could also have serious consequences. As an important part of their obligation, the authorities must, as a matter of routine, inform the detained person of an existence and availability of legal aid in that jurisdiction. But, here in the north, Mr. Speaker, resident lawyers are few and far between outside major centres. In addition, Mr. Speaker, the unfortunate fact of life in the Northwest Territories is that the majority of crimes are committed under the influence of alcohol. This fact, coupled with the communication problems due to the many different languages in the north, requires policemen in the Northwest Territories to be especially diligent in ensuring that no one's rights are violated.

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

November 15th, 1994

Page 59

The Deputy Speaker Brian Lewis

Mr. Gargan, your time is up.

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

Page 59

Samuel Gargan Deh Cho

Mr. Speaker, I seek unanimous consent to conclude my statement.

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

Page 59

The Deputy Speaker Brian Lewis

The Member is asking for unanimous consent to complete his statement. Are there any nays? Proceed, Mr. Gargan.

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

Page 59

Samuel Gargan Deh Cho

Thank you, Mr. Speaker and honourable Members. Most of the smaller communities in the north do not have a lawyer a person can call if they get into trouble. However, the government has made an effort to provide services to anyone who needs them. Legal aid is only a phone call away. In fact, a list of lawyers is posted in every police detachment in the Northwest Territories. As a condition of their duties, these lawyers are required to accept all collect calls. Legal aid also pays for telephone calls necessary to allow the lawyers to become familiar with the case.

Instead of calling a lawyer, a person can contact a regional legal aid clinic or a local community representative of the regional office. These representatives are members of the community who are able to steer citizens through the legal system.

I would like to note the ongoing commitment of this government to improving northern justice through aboriginal and community justice initiatives. I encourage future governments to continue to pursue these goals. Every effort must always be made to ensure that residents, especially those in smaller communities, are granted all their rights and privileges under the law. Every effort must also be made to ensure that justice is done.

Mr. Speaker, under aboriginal initiatives, the community of Fort Providence has, during the last year, worked on creating the possibility of an aboriginal correctional facility in the community of Fort Providence. Unfortunately, to my disappointment, there is no money allocated for that initiative. And I'm truly disappointed that whether it's the government's fault or the Standing Committee on Finance's fault, I would like to say that it is a step for my constituency with regard to aboriginal justice initiatives. Mahsi cho.

---Applause

Relationship Between Justice System And Residents Of Small Communities
Item 3: Members' Statements

Page 59

The Deputy Speaker Brian Lewis

Thank you, Mr. Gargan. Item 3, Members' statements. Mr. Zoe.