Thank you, Mr. Chairman. The Standing Committee on Social Programs met on January 19th, 2001 to consider the 2001-2002 Main Estimates for the Department of Justice.
There were a number of increases over the previous year's budget, including $1,781,000 to cover additional expenses arising from the collective agreement signed with the Union of Northern Workers; an increase of $1,060,000 to cover the budget shortfall caused by the lower than anticipated number of Nunavut prisoners; $74,000 in forced growth for utility costs at the Yellowknife Correctional Centre; and $2,727,000 to cover costs associated with young offender facilities opening in the upcoming fiscal year.
Wilderness Camps
The standing committee has consistently expressed support for the wilderness camp program. The Members of the Standing Committee on Social Programs appreciate being provided with copies of the final report on the cost analysis of the Corrections Wilderness Camp Program. While there are concerns with some of the conclusions in the report, Members believe the report will allow discussion to take place to revise and improve the wilderness camp program.
The committee looks forward to the promised briefing from the Department of Justice and an opportunity to provide input before final decisions are made about changes to the wilderness camp program.
Human Rights Legislation
In early 2000, when the Department of Justice first announced its intentions to develop human rights legislation, the Members of the Standing Committee on Social Programs began asking questions about the extent of public consultation that would take place on this very important territorial legislation. During the October review of the department's business plan, additional questions were raised when no consultation plan was available and no dollars were identified to support appropriate consultation on the draft Human Rights Act.
As was noted at that time, other departments undertaking major legislative initiatives usually provide detailed information on cost and a consultation process. The Department of Justice has not done this with human rights legislation.
The committee is still waiting for details on what public consultation process the Department of Justice plans to undertake for the draft human rights legislation. In the absence of a clear consultation plan, the standing committee would like to suggest that, as a minimum, the department make an effort to consult with all aboriginal governments and organizations, all municipal governments and all non-governmental organizations (NGOs) that are territorial in nature. This would include those NGOs that are not headquartered in Yellowknife.
Members are concerned that the department will not make a substantive effort to be proactive in the consultation process. This could lead to problems when the bill comes forward that could have been dealt with during the consultation phase.
Members of the standing committee would like to receive a briefing prior to mid-March on how consultation will be carried out for the draft human rights legislation and how the department plans to ensure residents and organizations in smaller NWT communities have a chance to participate in this important dialogue.
Aboriginal Policing
The committee supports the department in its efforts to build a police force in the Northwest Territories that is representative of the people it serves and sees First Nations policing as an important part of that effort. In discussions with the committee, the Minister talked about negotiations with the Solicitor General of Canada to increase funding to this program. The main estimates support this by mentioning "cost-sharing programs with the Solicitor General of Canada with respect to First Nations policing in support of aboriginal participation of the policing in their communities."
However, in examining the budget for the law enforcement activity, committee members note that the department has actually decreased the funding support for First Nations policing by $34,000 this fiscal year and $199,000 last year. Some committee members think the department should "put its money where its mouth is" by increasing funding in this area. We also question whether the Solicitor General will seriously consider negotiating an increase while the NWT Department of Justice is cutting its own contribution to First Nations policing.
Legal Aid
For the past year, committee members have raised concerns about the effectiveness of legal aid, based on comments from constituents and reinforced by media reporting of difficulties with the system. In particular, since the major cuts to legal aid in 1996, members of the committee from smaller communities have noted a continual scaling back of the services provided by Legal Services Board lawyers and court workers.
In June 2000, the department provided information showing a significant backlog of family law cases waiting for assistance under legal aid. After that meeting and before the October discussions on the 2001-2004 business plans, the Legal Services Board hired two staff lawyers, in part to deal with the backlog situation.
When this was identified during the business plan review, it raised questions for the Members. It was not clear how the Legal Services Board had the ability to finance from within and hire additional staff without any approvals beyond that of the board. Another question was why the backlog became an issue when the board had the ability to take action by hiring additional staff as needed.
From discussions that occurred during the review of the 2001-2002 Main Estimates in January 2001, it appears the committee's concerns were well-founded. Members heard that the Legal Services Board had already run out of money for the 2000-2001 fiscal year and had scaled back on the level of assistance its lawyers and court workers were providing. Members were also warned to expect a deficit for the Legal Services Board.
This lack of operational and financial planning calls into question the viability of the Legal Services Board as it now exists. While the backlog was cleaned up on a temporary basis, members are concerned about the long-term impacts of the decision to hire two new staff lawyers as services are scaled back to deal with the financial shortfall.
It has become apparent to committee members that it is time to examine how legal aid is delivered in the Northwest Territories. Members are very concerned that a sustainable legal aid system is not possible, given the current funding level and delivery mechanisms.
The standing committee will conduct its own research on the methods of legal aid delivery in Canada and will contact the Minister at a later date with some possible recommendations.
Victims' Assistance Program
There is a dedicated group of volunteers in Yellowknife and some of the other larger communities who provide assistance to the victims of crime. However, this support mechanism does not exist in the majority of our communities.
Members of the committee believe that government is not supporting victims of crime in most NWT communities. Committee members are aware of several cases where the victim of a crime refused to testify because he or she was afraid of their attacker or did not understand the court process. This adds to the cost of our justice system, with police, lawyers and judges dedicating time to getting a trial underway, only to have the case collapse without the victim's testimony. In some cases, all that is required is someone to support the victim and guide them through what can be a confusing and traumatic experience.
Members are aware that community wellness groups have raised this concern. The committee looks forward to a response by April 1, 2001 from the department, indicating how it will respond to the need for better assistance for the victims of crime. Mr. Chairman, that concludes the report of the Standing Committee on Social Programs on the Department of Justice budget.