Mahsi, Mr. Speaker.
Recommendation 1
The Standing Committee on Social Development recommends that the department of Justice explore the possibility of allowing for private interviews between an inmate and a facility's Indigenous elder or spiritual advisor, subject to reasonable restrictions.
Residents told committee that programming should be available to all inmates, including those remanded in custody, who make up more than half the inmate population in the NWT. Remanded persons, including those who are eventually convicted, are frequently released without having accessed rehabilitative programs. Even of those who are sentenced, the Auditor General of Canada found that, for inmates with sentences of less than 120 days, only 36 percent had access to general rehabilitation programs, and none had access to offence-specific programs. For those with sentences longer than 120 days, 87 percent had access to general rehabilitation programs, but only 63 percent had access to offence-specific programs.
In an effort to promote the uptake of programming by remanded persons, committee worked with the Minister to develop Motion 14 in Appendix A. This motion amends the programs and services provisions in section 21 of the bill to make a distinction between general programs aimed at all inmates and rehabilitation programs targeted at convicted offenders. Motion 14 specifies that all inmates are entitled to participate in these various programs and services.
Committee would like to see the correctional needs and appropriate programs to meet those needs as set out in section 29 of the bill identified for every inmate rather than only for offenders, to ensure their time in custody is as constructive as possible. Further, needs-based assessments should be delivered in a timely manner. While we recognize that it may be a challenge to engage remanded individuals in programming, as they are presumed innocent and cannot be compelled to participate, committee recommends that the department provide adequate incentives to promote the development and betterment of all inmates.
Recommendation 2
The Standing Committee on Social Development recommends that the Department of Justice conduct needs-based assessments for all inmates, that the assessments be conducted in a manner that is timely relative to an inmate's release eligibility, that the assessments take into account Gladue and other factors such as an inmate's disabilities, and that the department explore additional measures to encourage all inmates to participate in suitable programming, including offering new incentives.
Living Conditions
Section 26 of Bill 45 contained few references to living conditions, and experts advised committee that Bill 45 did not go far enough to ensure that inmates receive living conditions reflective of Canadian human rights standards. Committee and the Minister developed Motion 15 in Appendix A to establish minimum living conditions and standards and to ensure inmates have the rights to peaceful assembly and religious expression, subject to reasonable limits.
Motion 24, discussed below, prohibits the deprivation of food, water, and healthcare as punishment for disciplinary offences.
Inmate Communications
Committee heard that Bill 45 should include provisions requiring corrections centres to guarantee inmates reasonable access to adequate means of communications with the outside world, as reflected in Motion 15. In addition, committee worked with the Minister on Motion 19 to expand the list of individuals with which an inmate may engage in "privileged communication" under subsection 30(1). The list would include individuals with the Office of the Ombud, the Human Rights Commission, and the Human Rights Adjudication Panel, as well as other prescribed persons.
Work Programs
Residents told committee they want to see corrections centres offering work programs, and for these work programs to operate in communities. Committee recognizes the challenges that work programs pose for the department, including in relation to high risk offenders, but committee sees the value in providing inmates with work skills and reacquainting them with society to assist in their rehabilitation and reintegration.
Recommendation 3
The Standing Committee on Social Development recommends that the Department of Justice prioritize work programs that are responsive to community needs, subject to necessary safety and security restrictions.
Mr. Speaker, I now turn the report over to the Member for Mackenzie Delta.