Posted on 09 October 2009
OTTAWA – “Bill C-25 does not work and will not benefit Inuit, First Nations, Métis offenders, or their communities,” said Inuk Senator Charlie Watt. He made this statement Wednesday at the Legal and Constitutional Affairs Committee, and spoke of his intention to amend this bill that would remove a judge’s ability to give credit for time served in pre-trial custody. Aboriginal offenders already serve longer sentences than others. Senator Watt’s amendment would keep Aboriginal Offenders under the current system, which provides judges with discretion to award credit for time served.
Said Senator Watt, “Despite the rhetoric we are hearing from the federal government, our communities will not be any safer with the passage of this bill, in fact we’ve heard quite the opposite will happen.” Watt was referring to committee testimony from a series of witnesses that included the John Howard and Elizabeth Fry Societies, as well as the Office of the Correctional Investigator.
“Despite the high numbers of First Nations, Inuit and Métis in the penitentiary system, the federal government has not consulted the Aboriginal community about this legislation, and I believe our Constitutional rights are being violated,” said Senator Watt. The Bill’s effect on Inuit, First Nation and Métis has not been carefully examined and mitigated by the Justice Minister prior to its introduction.
The incarceration rate for Aboriginal people is nine times higher than that of non-aboriginals, and they currently serve longer sentences than any other offenders, a fact not lost on the Canadian Human Rights Commission, which has said it is the number one human rights issue facing Canada. Although access to rehabilitation programming is required by the Corrections and Conditional Release Act, Aboriginal offenders receive very little access to these programs.
“When we have high calibre experts come before the committee and give testimony that says this bill targets Aboriginal people and does nothing to help the situation. Don’t ask me to close my eyes and vote for it. I’m here to represent my community,” said the Senator.
He continued, “The amendment won’t better the circumstances for offenders or correct issues surrounding the duration of time spent in pre-trail custody, but it does send the government a message that they better be prepared to do proper due diligence, consultation and study on this aspect of the justice system.” Only then can the Canadian government responsibly introduce legislation dealing with sentencing and rehabilitation for Aboriginal people.
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To listen to Senator Watt's speech from the proceedings of the Standing Senate Committee on Legal and Constitutional Affairs, please click below