Mahsi, Mr. Speaker.
Purpose and Principles
On reviewing Bill 45, it was not clear to committee what the bill was trying to achieve. In collaboration with the Minister, committee developed Motion 3 in Appendix A to articulate clear aspirations for the NWT correctional system and to establish principles for guiding the Correctional Service.
Community Advisory Boards
Sections 4 and 5 of Bill 45 authorized the Director of Corrections to establish community advisory boards and appoint members (CAB). Among other things, CABs are meant to provide observations and advice on the day-to-day operations of correctional centres and liaise between facilities and the public to facilitate responsiveness to inmates' needs.
It appeared to committee that appointments to CABs by the Director of Corrections, a member of the public service, may have the unintentional effect of compromising their independence. For that reason, committee felt it would be more appropriate for the Minister to establish CABs and appoint their members, as reflected in Motions 5 and 6 in Appendix A. Committee suggests that membership of CABs be determined using an existing model, such as that used for Regional Wellness Councils.
Correctional Centres
Corrections Staff
Section 10 authorizes the Director of Corrections to adopt a code of professional conduct for all staff members. Committee and the Minister agreed that the adoption of a code of professional conduct should be an obligation rather than a discretionary power, as reflected in Motion 7 in Appendix A. We also agreed that the guiding principles created under Motion 3 should highlight the importance of staff training and the importance of a positive work environment.
Committee heard concerns from the public about the suitability of personnel working in the corrections system. Non-Indigenous persons working in front-line service positions may lack an understanding of the experience of Indigenous people, including the legacy of the residential school system, and a resident made the point that inmates should be working with people they can trust.
Committee believes that the personnel working in our corrections institutions should have the background and skills necessary to be able to address the challenges and needs underlying the unique circumstances of their inmates. We encourage the department to offer the relevant training anticipated under Bill 45 to its corrections staff on an ongoing basis. We also urge the department to increase its efforts towards filling corrections positions with candidates who reflect the demographics of the inmates they oversee.
Volunteers
Section 17 of Bill 45 allowed the Director of Corrections to appoint volunteers to provide or assist in the provision of correctional services for offenders, inadvertently excluding other inmates such as those remanded in custody from working with volunteers. Motion 11 in Appendix A remedies this error.
Probation Officers
Section 16 sets out the duties and responsibilities of probation officers, mostly in relation to their role with respect to the courts and in correctional centres. The Canadian Bar Association Northwest Territories Branch - Criminal Justice Section (CBA-NT) recommended Bill 45 detail the specific responsibilities of probation officers vis-a-vis their clients. Motion 10 in Appendix A elaborates on the role of probation officers in assisting offenders post-release.
Programs and Services
The public expressed their support for programming and services that reflect local culture, languages, and experiences to support the reintegration of inmates into their families and communities. Residents told committee that inmates should be able to interact with people they can trust, and on-the-land programs should be a priority.
Committee felt Bill 45 should go further to account for these concerns. Among other improvements, Motion 14 clarifies that programs and services may be offered in a facility, a community, or on the land. This motion, developed in collaboration with the Minister, also provides for the services of an Indigenous elder or spiritual advisor to support the healing, rehabilitation, and reintegration of inmates. In addition, Motion 19 amends section 30 of the bill to allow for the eventual possibility that communications between an inmate and Indigenous elder or spiritual advisor under Motion 14 could be made privileged.
Mr. Speaker, I now pass on the reading of the following section to my honourable colleague from Yellowknife Centre.