EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
On March 1, 2013, the 2012-14 Shared Directional Statement between the Department of Justice and the RCMP’s “V” Division was tabled in the Nunavut Legislative Assembly.
This document outlined a number of priority areas for collaboration between the department and the RCMP’s “V” Division, including communication, communities at risk, and crime reduction and prevention.
The standing committee encourages the minister to table a new shared directional statement in the House at the earliest opportunity.
Mr. Chairman, the minister has previously indicated that his department is interested in implementing a “wellness court” within Nunavut’s current justice system.
Mr. Chairman, the department’s Corrections Services is responsible for providing safe custody and detention, probation and parole supervision, counselling and aftercare services, and rehabilitation treatment for adult inmates throughout Nunavut.
On March 10, 2015, the Speaker of the Legislative Assembly tabled the Auditor General of Canada’s 2015 report on corrections in Nunavut.
In May of 2015, witnesses from the Office of the Auditor General and the Government of Nunavut’s Department of Justice appeared before the Standing Committee on Oversight of Government Operations and Public Accounts on the occasion of its review of the Auditor General’s 2015 report.
On June 1, 2015, the standing committee presented its own report on its review to the Legislative Assembly.
On October 29, 2015, pursuant to Rule 91(5) of the Rules of the Legislative Assembly of Nunavut, the department tabled its response to the standing committee’s report.
In its response, the department provided an action plan, which includes timelines, progress indicators, roles and responsibilities of various stakeholders, and communications strategies, by which the department intends to address the recommendations that were made by the Office of the Auditor General in his 2015 report on corrections in Nunavut.
Mr. Chairman, the standing committee emphasizes the importance of safely housing inmates and guiding their rehabilitation and successful reintegration into the community.
The standing committee looks forward to receiving ongoing updates on the department’s work to implement this action plan.
On May 1, 2015, the Department of Justice issued a request for proposals titled Staffing, Overtime and Organizational Review of the Nunavut Corrections Division.
In its October 29, 2015 response, the department indicated that the results of this review are scheduled to be tabled in the House during the spring 2016 sitting of the Legislative Assembly and that the department “hopes to have the necessary positions created to allow for an assessment of programs and services within Nunavut’s correctional facilities.”
Mr. Chairman, the standing committee emphasizes the importance of incorporating Inuit Qaujimajatuqangit within all levels of government program delivery and policy development.
In its October 29, 2015 response, the department indicated that “The support of elders within the correctional setting has been invaluable to the rehabilitation of inmates.
Their assistance through group and individual counselling has facilitated an environment of healing, learning, and pride.”
The standing committee notes that other jurisdictions, such as the Manitoba Adult Correctional Services, have advertised and employed positions that are responsible for providing culturally specific programming.
The standing committee emphasizes the importance of establishing permanent positions that may be responsible for providing traditional counselling and culturally-based programming throughout Nunavut’s corrections service.
In its October 29, 2015 response, the department indicates that it “will be pleased to table the first Annual Report on Correctional Services in Nunavut in the October 2016 sitting of the Nunavut Legislative Assembly for the 2015/2016 fiscal year.”
The standing committee notes with pleasure that beginning this practice will allow the department to provide important information concerning corrections in Nunavut on an annual basis.
The standing committee looks forward to reviewing this document with care.
These include annual reports under the Family Abuse Intervention Act, the Human Rights Act, the Labour Standards Act, the Legal Profession Act, the Legal Services Act, the Liquor Act, and the Victims of Crime Act.
Mr. Chairman, that concludes my opening comments on the proposed 2016-17 Main Estimates and 2016-19 Business Plan of the Department of Justice.
I hear none.
We will now proceed to the page-by-page review of the departmental estimates starting on page E-4.
I believe we’re on E-4.
Are we on that page?
On this page, I will be asking questions regarding Inuit Qaujimajatuqangit and its implementation in the justice system, and that the elders be utilized to provide traditional counselling to the inmates.
That was the direction that we gave the department.
In your plans, is there already something in your department where you utilize traditional Inuit counsellors?
It seems that we just had this conversation the other day with the Department of Finance.
I appreciate the member for asking that.
Throughout the Department of Justice, we do incorporate IQ. We have an elder advisor who works in the department. In our shared directional agreement with the RCMP, we encourage them to respect the traditional and cultural traditions in the community.
Through various justice committees in the communities, we utilize Inuit elders to help the justice committees when they’re meeting with people who appear before them.
There was a question from Mr. Shooyook yesterday about elders sitting with judges. We use that where possible, where an elder can sit with a judge and the judge can turn to the elder and ask for advice and information to assist them in making their sentencing.
Mr. Shooyook (interpretation): Thank you, Mr. Chairman. I also thank the Minister of Justice for his response.
It is something that is dear to my heart. I think we should consult with elders when you’re drafting new laws and incorporating Inuit Qaujimajatuqangit into the legislation so that we’re not just paying lip service.
Is there anything in the plans where you will draft the provision of traditional counselling and writing it down so that it can be utilized in the future, even after we have passed away?
Hon. Keith Peterson: Thank you, Mr. Chairman. I thank Mr. Shooyook for his question and comment.
When we are preparing legislation or amending our new legislation, we develop legislative proposals and we use the committees within the government to assist us and they do consult with organizations like NTI.
The legislative proposals would come to the cabinet committee on legislation for consideration, and then we would bring it into the House and get first and second reading, and then turn it over to the standing committee.
They are then able to call for interveners or ask people to provide their input.
That could be communities or it could be other organizations with interest in IQ. The standing committee could go on the road consulting communities.
We do try to ensure that any legislation that we develop has a lot of consultations and input before we bring it forward.
Sometimes it could take a very short time to prepare legislation, but often it takes years to get everybody’s input to make sure we have legislation that is made in Nunavut and suits our territory.
Mr. Shooyook (interpretation): Thank you, Mr. Chairman. I also thank the minister for his response.
I have another question. I believe you have an elder employed at this facility who is a healing specialist.
Now, if I am correct, I think there are three positions at the correctional centre, including the women’s correctional facility and Makigiarvik.
These are all under the Baffin Correctional Centre.
I would like to ask if these three positions are held by real Inuit who are unilingual or if they are able to speak English, they retain knowledge of traditional Inuit customs and practices.
Do these three positions have an element of their work including advice and counselling as well as healing practices?
I am referring to these three positions.
Mr. Chairman, we use bilingual Inuit in these facilities.
In the plan, Inuit Qaujimanituqangit has to be implemented.
There is care and compassion and counselling in Inuit Qaujimanituqangit.
When there is sufficient funding, are we going to be increasing the number of Inuit counsellors and possibly putting it up to three or four positions? Would you increase the number of Inuit counsellors providing services in those facilities?
I would like to remind my colleagues to make sure we have quorum so that our meeting can continue.
Mr. Chairman, we already have three to four Inuit counsellors in the facilities, but as we all know, through the budgeting process, it is fairly challenging to get money approved for all the tremendous needs we have throughout the government in other departments as well, not just the justice department.
In the future, when we develop our future business plans and main estimates, that’s an item we can consider in our business plan, but I can’t guarantee that.
There may be other positions within the department that are more of a priority to try to get a budget for and to hire them, but it’s something we will take under consideration.
Before I ask a question based on this, with your permission, I would like to ask a question from the minister’s opening remarks.
On page 2 of the opening remarks, the last paragraph, last sentence, “A request for $350,000 to meet the uncontrolled forced growth in the operations and management for travel and transportation.”
I find that somewhat general and vague. I wonder if I could get an explanation of what that is.
I thank Mr. T. Sammurtok for that question.
Mr. Chairman, that would be covered under the mains, page E-7. That’s $350,000 for travel and transportation for court services.
Chairman (interpretation): Yes. (interpretation ends) As I indicated, some of these comments are covered under different branches. Right now, we are doing Directorate.
Do you have any more questions, Mr. T. Sammurtok?
On January 6, 2016, your department issued a news release stating that, and I quote, “The Government of Nunavut is holding public consultations on a proposed civil forfeiture law.”
Can you provide a list of communities where these consultations were held and can you describe the outcome?
I thank Mr. T. Sammurtok.
Let me find it; I’m just reading the fine print here.
The six communities are Cambridge Bay, Rankin Inlet, Baker Lake, Iqaluit, Pangnirtung, and Pond Inlet.
That’s six.
Thank you, Mr. Chairman, for bearing with me.
There was a report prepared that I read over the last several days and it was very positive.
A lot of people turned out and gave some very good input and support of civil forfeiture legislation.
We have compiled all this into the report and we are moving forward and preparing a legislative proposal to proceed with an introduction of civil forfeiture legislation.
I wonder if the minister can explain what this proposed civil forfeiture law entails, who enforces it, and what does it really do at the end?
Hon. Minister Peterson.
This is not a new idea. It has been around for a while.
As members will recall, there are a lot of bootleggers and drug dealers in Nunavut who have gotten wealthy off the backs of a lot of our citizens.
The civil forfeiture legislation would be a tool that the Government of Nunavut or the RCMP could use to bring against the property of proceeds of unlawful activity, as they call it.
It could be cash. It could be buildings. It could be vehicles or snowmobiles.
It’s not against people.
The RCMP would refer a case to the civil forfeiture office, in other words, to the Government of Nunavut, then the forfeiture office would go to the court to get a seizure order, and then the sheriff would serve it on the person.
The person being served would still have an opportunity to go to court to prove that the assets they have were acquired through lawful means.
It’s not just a case where we’re going to go in there and take your assets. You will have your day in court to prove that the assets that may be seized were gained legally.
At the end of the process, the intention is to disrupt the bootlegger, seize assets, and make it very difficult to get wealthy in Nunavut by selling drugs or booze.
This will be my last question on this item.
The 2012 report of the task force to review the Liquor Act indicated that seven provinces have civil forfeiture legislation.
Which province’s legislation may be the best model for Nunavut?
I thank Mr. T. Sammurtok for his question.
Mr. Chairman, we have looked at other jurisdictions to see what their legislation is composed of.
In my answer to Mr. Shooyook earlier, our legislation will be legislation that’s made in Nunavut and suited for Nunavut.
At the end of the day, the individual whose assets are potentially being seized will have an opportunity to have their day in court to prove that the assets are theirs and they gained it legally.
We’re going to tailor our legislation to suit Nunavut’s needs.
We are on Justice. Branch Summary.
It’s good to be recognized.
I just want to do a follow-up question to Mr. Sammurtok’s question regarding forfeiture.
You said that part of the process is going to be where the courts are going to be used to prove that they got something through a legitimate means.
Our courts seem to be so busy now. I’m wondering: how will the extra workload be accommodated?
In fact, I think the courts are already using justice committees and some other alternative means instead of going to court to try to alleviate the number of cases before the courts.
This is going to add to the workload. Has this been discussed?
How will this additional workload be accommodated?
It’s a valid concern, but at the same time, the Government of Nunavut can’t not develop new legislation and new laws for Nunavut just because there are not enough judges in Nunavut.
That would be a separate issue that we would have to address.
At the same time, we need to proceed with this legislation because we did consultations across Nunavut and we got some very positive feedback and we are going to move forward with it.
There will be ongoing consultations and we will consider the implications or the extra work that may be imposed on the Nunavut Court of Justice in the implementation.
We can’t presuppose how busy the civil forfeiture office will be.
Unless there’s an avalanche of civil forfeiture cases, I can’t see it being very busy in the early going.
I guess it’s a wait-and-see kind of thing.
I think it really is something to be mindful of because we are already experiencing those kinds of problems now.
I just want to go into the Public Trustee program, which I don’t know very much about at all, but I have heard that it takes forever.
If somebody dies without a will, let’s say the person who died has a house, the rest of the family members seem to have to wait for a very long time.
Can you explain the process of how that kind of service works and why it takes so long?
It’s helpful if an individual dies with a will.
That would make it much easier. If they don’t die with a will, then that places an extra burden on the settlement of their estate.
I don’t have the numbers of cases that… .
Oh, actually, I do.
It magically appeared.
It’s quite a busy office.
It takes time to make sure that everybody who has a stake in the estate is being contacted so that the Public Trustee knows where all the assets are and who has a claim on the assets.
There are survivors and there are also, I would say, creditors who may have a stake on the estate. They have to be contacted.
It can be quite a lengthy process if there were significant assets involved.
If a person dies and they don’t have any assets, then it’s likely a shorter timeframe.
I would be interested if you could tell me about the length of time for a simple case versus one that is a little bit more complicated.
I would love to share that information with you, but we just don’t have that level of detail with us here today.
We can get that information in the coming days and circulate it to the members if you wish.
The other thing I note with interest in your business plan under this area is that the Public Trustee program also represents those in need of protection because of a disability.
What is that? Can you explain that?
If I can make a recommendation, Mr. Chairman, if the questions can be directed to the correct page, it would be helpful. I’ll have my deputy minister respond to that question.
Mr. MacKay.
Mr. MacKay: Thank you, Minister.
The Public Trustee covers both people that die without a will and they need to handle their estate. They also handle the estates of disabled people that aren’t able to handle their estate and don’t have anybody appointed to act as trustee for the estate. The Public Trustee performs that service as well.
I was referring to page 38.
Sorry, I did not make that reference.
Page 38 of your business plan, I am looking at the top there where you talk about the Public Trustee program, “in need of protection because of disability.”
How does that work? Who raises the flag that somebody might need protection?
Mr. Chairman, we don’t have that information here.
I think I read on E-4 that the ADM is in charge of the Public Trustee office.
Maybe they could just clarify that.
That would come, I believe, under Directorate.
Yes, the Office of the Public Trustee. Directorate is the DM and ADM. Thank you, Mr. Chairman.
On page 38 at the top I’m reading, it says, “An ADM oversees the Community Justice Division...the policing file as well as the Office of the Public Trustee program.”
I’m not sure, Ms. Niego, are you the ADM?
Yes, Ms. Niego is the ADM. Thank you.
Just that when you said that you didn’t have that kind of information, it got me a little bit confused because you have the ADM that actually oversees that program.
If I can put everything in context and perspective here, I have been the minister of the department for eight days. The deputy minister has been here since January 26, and Ms. Niego has been here since the end of October. I’m not trying to make excuses, but we don’t have all the details that you would have if you have been around for six months to a year.
We’re all new people here, essentially.
Deputy Minister MacKay will answer that question.
In Nunavut, there is the Guardianship and Trusteeship Act. Under that Act, an interested person can apply for someone’s estate to be put under the guardianship of the Public Trustee.
That’s an interested person as defined by the Act. It’s pretty broadly defined. It can even be the Public Trustee herself that makes that application.
Just to add to that, for the information of the public, the Public Trustee has a number that you can call to get further information. That number is 1-866-294-2127.
They have someone that speaks both English and Inuktitut.
If anybody has any questions in the general public about what services the Public Trustee can provide or if they have any questions about estates that are under the trusteeship of the Public Trustee, they can contact that office.
I remind you guys to be considerate of the interpreters.
I’m not reading, so I’m not going fast; I’m just talking.
The other question I have under priorities from the last fiscal year, 2015-16, in your business plan on page 38 at the bottom, you talk about the “development of a Crime Prevention Strategy.”
I think I went to one of the consultation meetings that happened in the summer before last, if I remember correctly.
I’m just wondering the status of that. Where are you with that now, as of today?
The department is still going through the consultations with various interest groups and individuals. We’re hoping to have it out later this year.
I’m wondering if the minister can tell us, under that strategy that you are currently working on, what kinds of prevention initiatives have been identified that can be used in a community.
I have been spending a lot of time reading up on justice in the last week and there is a very thick… .
I wish I had it here. It’s sitting on the corner of my desk somewhere. It is a very thick report.
All 25 communities were visited and I think they had 75 meetings in the various communities with all kinds of groups and individuals.
There are a lot of recommendations, but some of the recommendations were that they identify people who were at high risk of committing crimes and then working with those people so that, hopefully, they won’t engage in crime.
Ms. Angnakak: I just have one last question.
I do appreciate that you are a new minister, but it is also good to ask the questions for money that is wanting to be approved.
When you talk about in your business plan on page 38, “...to study the feasibility and requirements of alternative courts.”
At one point, we were talking about a wellness court. Can I get an update on that? Where is that at?
We have, again, done a lot of consultations and jurisdictional research across Canada.
We noted that the Yukon and the Northwest Territories have legislation, so we are still proceeding.
Again, it’s a wellness court initiative that would be made for Nunavut.
It would be something that we will continue to work on here and do some research.
Again, we have to keep in mind that we are a vast jurisdiction. We don’t know whether or not it’s something that can be, in my opinion anyway, available outside the city of Iqaluit.
I don’t have too many questions on this.
However, in your opening comments on page 2, you talk about adding $126,000 for the position of the deputy chief coroner.
Can you explain if the new deputy chief coroner would include the responsibilities of training coroners in Nunavut?
Those would be the ongoing responsibilities of the coroner and the deputy coroner to ensure that coroners in the various communities receive training and new training or ongoing training, as the case may be.
With this creation of a new position of a deputy chief coroner, can you explain the substantiation for this addition?
The simple answer is unfortunate, but we have a backlog of inquests going into the next fiscal year, so the coroner needs assistance.
Total Operations and Maintenance, to be Voted. $17,397,000.
I have one question. I’m not too sure whether I should be asking it on this page, but it’s with regard to RCMP officers.
We have heard, perhaps, in the Northwest Territories and Yukon that there is a staff housing shortage and the territorial government will have to be responsible for staff housing.
What kind of an impact does it have in Nunavut?
Do you expect to see a housing shortage for the RCMP staff?
This is just a request for information, if you allow me, Mr. Chairman.
Chairman (interpretation): Thank you very much. (interpretation ends) Minister of Justice, Mr. Peterson.
We don’t have a supply of housing concern in Nunavut.
The concern is more related to the costs of renting houses, so we’re going to be reviewing all of that.
Total Operations and Maintenance, to be Voted. $40,297,000.
Total Operations.
I don’t have many questions on that page, but I just want you to note that in one of my constituencies, there was a concern regarding the courts circuits when they travel to the communities where they hold their court services.
For example, they hold their court services in the recreation hall or school gym.
It has an impact on community activities and sometimes they have to defer the activities at the local level because the courts need to be housed for their services.
They have to pay attention at the local level when the court circuit is travelling to the communities to make sure that they travel during the least busy time of the community. When the court circuit goes to the communities, they have to defer some activities at the local level.
I thank Mr. Joanasie for the question and I appreciate his concern.
Coming from Cambridge Bay, I know some of the issues there well.