Thank you, Mr. Speaker. The other side of this.
Introduction
Bill 45: Corrections Act, sponsored by the Department of Justice, received second reading in the Legislative Assembly on March 11, 2019, and was referred to the Standing Committee on Social Development (committee) for review, the results of which are reported below.
Bill 45 is intended to repeal and replace the existing Corrections Act. The bill intends to focus less on punishment and more on the rehabilitation and reintegration of offenders into their communities, and to reflect various operational improvements in the Northwest Territories' (NWT) corrections system.
What We Heard and What We Did
Public Review of Bill 45
To assist in our review of Bill 45, committee invited input from an extensive list of stakeholders, including community governments, and Indigenous organizations, as well as individuals and non-governmental organizations specializing in civil liberties, criminal law, or corrections.
Between May 13 and May 17, 2019, committee traveled to the communities of Fort Smith, Hay River, Fort Providence, Behchoko, Inuvik, and Tuktoyaktuk to hold public hearings on Bill 45, followed by a public hearing in Yellowknife on May 23, 2019. In addition to these meetings, committee received five written submissions on Bill 45, copies of which are attached in Appendix B.
General Comments
Upon first review, committee was concerned Bill 45 did not adequately reflect the unique cultural background, historic legacy, and experience of offenders in the NWT and the reforms expected in the current era of Truth and Reconciliation and after 40 years of evolving approaches in the field of corrections.
The bill did not appear as thorough as recent comprehensive reforms elsewhere in Canada, including in Newfoundland and Labrador, Ontario, and most recently Nunavut. These acts, while not yet in force, went much further than Bill 45 in aspiring to provide for the rehabilitation and reintegration of inmates so that they may go on to lead productive lives, inmates and victims may heal, and residents and communities may be safer.
Committee also heard that aspects of Bill 45, specifically its provisions relating to the confinement of inmates, were not reflective of recent case law. Principles of procedural fairness were also absent from the bill, including a mechanism for inmate complaints. Other submissions advised that international standards relating to incarceration should be incorporated into Bill 45.
Committee was concerned about not only the content of Bill 45, as outlined below, but also how the bill was developed. The department of Justice received limited input into Bill 45, resulting in a bill that was framed from the perspective of the persons operating and administering the corrections system rather than that of persons who are directly impacted by the system, including inmates, victims, and Indigenous peoples. A lack of engagement by members of the public and Indigenous and other organizations does not equal a lack of concern, committee believes, and this was reflected in the submissions committee received.
In addition, with substantive details missing from Bill 45, the structure of the bill was a concern for committee, as well as experts. While the department planned to address these details in regulations and policies, matters such as separate confinement, the use of force and discipline, or corrective measures are not merely operational or practical details. Instead, they relate to essential rights and responsibilities that should be subject to the full legislative process, including public debate, consultation, and accountability for elected officials.
On bringing our concerns to the Minister of Justice, departmental and committee officials commenced a collaborative effort to develop several substantive amendments, including reducing the bill's reliance on regulations, policies, and procedures and capturing substantive rights and responsibilities in the bill. We can say with confidence that our combined efforts have resulted in a vastly improved bill, one that looks much less like a framework for operations and much more like a modern framework for legal obligations and protections reflective of the NWT.
At this time, Mr. Speaker, I'd like to turn the report over to the honourable Member for Deh Cho.