Statement made on 21 October 2009 by Senator Charlie Watt
Hon. Charlie Watt:
[The honourable senator spoke in his native language, Inuktitut]
Honourable senators, before I comment on Bill C-25, I must apologize to the Inuit community. I am not able to speak Inuktitut today because the Senate requires more notice to arrange proper translation.
I speak today about the issue of Inuit people in the Canadian justice system. As one of two Inuit parliamentarians, I carry heavy responsibility for my people in this place. That responsibility must be first and foremost in my mind as I review legislation. It is expected of me.
I speak to honourable senators today about Bill C-25. I want to make it absolutely clear that I am not against punishing people for crimes they have committed. However, the time spent in the prison system must be balanced with rehabilitation. I stress that point again — it must be balanced with rehabilitation.
Inuit are not receiving clinical treatment. Inuit, First Nations and Metis offenders eventually return to their communities, having served longer sentences compared to the others, and they continue to offend because they do not receive the proper treatment they need.
The incarceration rate for Aboriginal people is nine times higher than that of non-Aboriginals. This fact is verified by the Canadian Human Rights Commission, which said that the situation is the number one human rights issue facing Canada.
It is critical for this government to conduct a thorough review of our present system to focus on Inuit, First Nations and Metis offenders. We need to ensure that they are provided with access to clinical assessments, culturally appropriate rehabilitation and fair sentencing.
Bill C-25 amends the Criminal Code to limit the time taken off a sentence to the time spent in custody while waiting for trial, commonly called "credit for time served." Credit for time served is used to compensate individuals for the long time spent waiting for trial and the poor conditions in remand centres.
Pre-trial custody conditions are particularly rough for the Inuit, a complaint I have heard on a regular basis. In addition to facing overcrowded conditions and a shortage of adequate facilities, they are far removed from their communities and cope with a language issue, as well as cultural differences.
Inuit, First Nations and Metis are easier to prosecute, easier to catch and easier to incarcerate. They are less able to advocate for themselves and have problems of literacy and challenges of various kinds, which make them more vulnerable in our criminal justice system. They are also more likely to plead guilty, even if they are innocent.
Honourable senators, I will take you through some of the most compelling statements made at the Standing Senate Committee on Legal and Constitutional Affairs regarding circumstances for the First Nations, Inuit and Metis people in the justice system. The committee heard the following, from Howard Sapers, from the Office of the Correctional Investigator:
This bill will have a differential impact on Aboriginal people, and this impact should be examined carefully and mitigated.
His colleague, Ivan Zinger, said:
With respect to programs, what we see in penitentiaries is that the Correctional Service of Canada does have some very good programming for Aboriginal people. Unfortunately, many of those programs are delivered at minimum security institutions and many Aboriginals find themselves, upon admission, to be incarcerated at maximum security institutions. In those institutions, programs are very limited, in general. . . . Those programs, by the way, are required by law.
From Craig Jones, of the John Howard Society of Canada, we heard:
. . . Bill C-25 will do nothing to enhance "truth in sentencing." Rather, it will contribute to greater delays, exacerbate already existing injustices and further erode judicial discretion. . . .
Of Aboriginal People, he said:
These people are easier to prosecute and easier to catch and easier to incarcerate. Generally speaking, they are less able to advocate for themselves and they have multiple problems of literacy and challenges of various types that make them more vulnerable to the criminal justice system.
In a letter to the committee dated October 6, 2009, Ms. Deborah Hatch, the President of the Criminal Trial Lawyers' Association of Alberta said:
. . . those detained in pretrial custody were more likely to plead guilty, less likely to have their charges withdrawn and were more likely to receive harsher sentences than those who were not detained, even when controlling for relevant factors such as offence type and criminal history.
Honourable senators, given the testimony, I must propose an amendment to Bill C-25. The amendment will exempt the First Nations, Inuit and Metis from this new law. They will continue to fall under the current system, where the judge has the discretion and the ability to award credit for time served. This discretion is important as the circumstances for the Inuit, in particular, are harsher than most. There are language issues and cultural barriers that are not present with others in custody.
My proposed amendment does not better the circumstances or correct the duration of the remand, but it does encourage the government to conduct proper due diligence and study the impact to the Aboriginal people, who will be disproportionately affected by this legislation.
After proper study and consultation has been undertaken, the government can then introduce legislation responsibly to better the circumstances for the communities and Aboriginal offenders in the criminal justice system.
Please click here to read the full text of the debate and the motion in amendment