This is page numbers 1049 - 1090 of the Hansard for the 18th Assembly, 2nd 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 community.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Vanthuyne. Mr. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Perhaps I could give the last four or five years, Mr. Chair. The highs, lows and average starting in 2012-2013, the highest monthly average was 11, the lowest monthly average was 5, the peak high and low for that year was three and 14. That was 2012-2013. In 2013-2014, highest monthly average 12, lowest monthly average, four. Peak low and high three and 13. In 2014-2015, highest monthly average 12, lowest monthly average three, peak low and high three and 14. In 2015-2016, highest monthly average 15, lowest monthly average five, peak low and high four and 18. So those are the stats over the last five years. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Minister. Mr. Vanthuyne.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Cory Vanthuyne

Cory Vanthuyne Yellowknife North

Thank you, Mr. Chair, and I appreciate the department sharing those accurate numbers. Although I appreciate that there are peak times and it's seemingly in the numbers that were shared, at no peak time did we go past 15. The average seems to be somewhere in or around seven or eight-ish. So I think the point that a lot of the Members are trying to raise here as it relates to this facility is that building a 23-bed facility, even with the potential for growth as a Territory, population-wise, it seems fairly excessive. The reason why I think that the Members are concerned is not just because of the size of this piece of infrastructure but that, as a government, we are trying to work toward restorative justice. We are trying to take on preventative-type measures, and the fear here is, and I hate to use this term, if you build it, they will come. That means that it would be simple for the justice system, whatever that is, to just start filling the empty space, knowing that it's available.

That's a concern. You know, we are taking a lot of steps and measures through our programs and services to try to minimize acts that would require someone to be incarcerated. Based on that, we would hope that these numbers are not numbers that are trending up, but are trending down. If that is the case, and if that's what we're investing in, and if that's the direction we're heading, then that's also another reason why this number of beds is concerning.

So this is more a point for comment for the record, because I appreciate that the facility itself is under contractual obligation and that there is not much we can do as it relates changing its size or specifications, but I wanted to be on the record, Mr. Chair, with sharing concerns, as my colleagues have, about building excessively in this case a correctional centre. We've had these kinds of projects before in the past, in fact ones relative to corrections, that somehow were planned with good meaning or good intention and then, in some instances, completely have gone off the rails and haven't even been used. So I just want to bring that to the department's attention. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Vanthuyne. Mr. Minister, it's not a question. Do you wish to provide feedback on the comment?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Yes, I would. Clearly we share the concerns expressed by the Member, where we are hoping to move to a system where there might be fewer. But I do notice, looking at the highs and lows over the last five years, that the numbers seem to be going up. Now, one of the reasons for that might be, and this is a problem across Canada which I heard a good deal about when I was in the FPT in Halifax, is that there are more and more people being in custody who are on remand. So that might be one of the reasons for the increase in numbers. But the peak high in the last year is 18, which is not that many less than the number of beds we are contemplating in the new facility. Also too, if there was a sudden jump in numbers, I don't think we would want to be sending people south. Also, and I'm not absolutely certain of this, but it would seem to me that the current facility was so not like a real, proper facility in that it was more like a group home, that there may have been inmates that couldn't be housed there and had to be housed somewhere else.

So although it is quite correct, we have not yet in the last five years hit the 23-bed number, we still think that the size of the facility is appropriate and would accommodate possible future growth in numbers. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Minister. Anything further? You have time, Mr. Vanthuyne. None? Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I'm kind of discouraged with the last comment that we're building it assuming that there might be some growth, but, I guess, can someone from the department tell me is there not some sort of clause in the contract that says that it's all subject to approval of funds in the Capital Budget by this Legislature? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. O'Reilly. Mr. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Mr. Chair, perhaps Deputy Minister Goldney could best answer that question.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Goldney

Unfortunately, I can't confirm with certainty that that provision is -- oh, sorry.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Minister. Mr. Goldney.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Goldney

Thank you, Mr. Chair. Unfortunately I can't confirm with 100 per cent certainty that the Member's question about the term in the contract, whether it is there. The difficulty, of course, in multi-year capital projects, we often have to enter into these contracts with some expectations provided to the bidders and the contractors, and some assurance is made contractually. To my knowledge, I don't know if we've ever had the circumstance where we've had to rely on a provision like that in a contract. The contract does, though, have provisions respecting penalties that would be payable in the event of a termination, and that would include a provision to make whole the bidder for the monies that they've spent up to that date, plus a 10 per cent fee on top of that, and of course the very real likelihood that we would also be liable to make the contractor whole for any potential lost profits that they would have incurred for not being able to pursue other economic opportunities.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Goldney. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I guess we don't seem to have a very good track record for building correctional facilities in the Northwest Territories. We have a youth facility here that's not used, the one in Inuvik was closed. I'm just wondering what sort of assurance the department can give to me and the public that we're doing the right thing with this facility and it's been designed for the right capacity of folks and that we're heading in the right direction. Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. O'Reilly. Mr. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Mr. Chair, I understand that the Auditor General's report did advocate or propose this type of facility, so in line with that, that's why we're building the facility. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Minister. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. Yes, I remain concerned about this item in the Capital Budget and do want to go on record as having concerns about this. I wonder whether the money that's going to be spent on building a facility that's too large might have been better spent on healing and prevention. I guess the Department's going to go ahead with this. What sort of reporting is the Minister prepared to make in terms of the construction of facilities that are going forward and rates of usage in the facility once it is constructed? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thanks, Mr. O'Reilly. Mr. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

I'm not entirely sure, Mr. Chair, whether I understood the question. As I say, the present facility was totally inadequate and that's why it was necessary to build the new facility. We do appreciate and understand the concerns expressed by Members. It is a little larger than the maximum we have had over the last five years, but not much larger. We remain concerned about issues of rehabilitation of course because that's an important element of corrections. The very name is an indication of that. I'm not sure I'm answering the Member's question, but thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thank you, Mr. Minister. Could Members be mindful that we're talking about the same building but from a different Member's approach. Anything further? Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. So, yes, I guess I'm looking for a clear commitment from the Minister that he's going to provide to Regular MLAs utilization rates of the facility so that we can understand whether it was overbuilt or not as it goes into use. So could he commit to some sort of at least annual reporting of utilization rate of the facility once it starts to be used? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daniel McNeely

Thanks, Mr. O'Reilly. Mr. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Mr. Chair, I understand as a matter of security we don't provide day to day numbers of those incarcerated. I have of course provided some of that information, the highs and lows and the average over the last five years, and I think I'd be prepared to do that going forward as long as you're not asking for or I'm not asked for numbers on specific days, because that could lead to security issues. But certainly the highs and lows and the average I would undertake to provide.