SOMBA K'E/YELLOWKNIFE - The NWT's top judge says politicians should spend less time focusing on the length of jail sentences and more on the root causes of crime in the territory.

Justice John Vertes, senior judge for the NWT Supreme Court, says politicians should focus less on jail sentences and more on root causes of crime. - Mike W. Bryant/NNSL photo Justice John Vertes on the record On politicians: "Politicians can talk about all the benefits that the diamonds have brought and what pipelines will bring, but the point is, they are not addressing, in my opinion, what's happening at the community level." On sentencing minimums: "I think the basic principle is that judges have been given a discretion because you have to be able to look at the specific circumstances of the case, and the circumstances of the offender, and then try to come up with a sentence that is proportionate to the seriousness of the crime." On perceived inconsistencies in sentencing: "I think it's fully understandable for people who are victims of crime to feel that any sentence that the court gives is insufficient, and we're quite sensitive to that. But we also have to keep in mind other factors, and many of these factors are ones that have been laid down by politicians." On two-for-one remand credits: "Over the years appellate courts across the country said the general rule of thumb is two-for-one. Why? Because the conditions are more difficult for remand prisoners than for serving prisoners." On programs for parolees: "Thirty years ago we had a residential halfway house for parolees in this town. It was called Arctic House, with trained people working in there, providing job training and life skills. What do we have now? We have, thank goodness, the Salvation Army, that provides the beds, but what about the programs?" On criticism of the courts: "I'm not immune to the commentary that goes on and people speak to me about it."

Justice John Vertes' remarks come as criticism mounts in the legislative assembly over what have been perceived as overly lenient sentences for violent offenders in recent months.

For one MLA, Kam Lake's Dave Ramsay, the most recent outrage is the five-year sentence handed out to Inuvik resident Claude Harry last month for the beating death of Angus Kikoak, whom Harry killed after a night of drinking in December 2009.

The judge in the case, Rene Foisy, had given Harry double-time credit for the year he spent in pre-sentence custody, which means he has approximately three years left to serve in his sentence. Harry had 19 previous convictions for assault.

"The public has the right to criticize, MLAs have the right to criticize," said Vertes in a rare interview outside of court last week.

"But I think our political leaders - at all levels - have a responsibility to look at these root causes because we have an extremely high crime rate. It's affecting everybody in the territory, and simply focusing on sentencing is not the answer."

Governments need to ask themselves what is being done to address the problems that lead to crime, such as poverty, unemployment, lack of opportunities and housing, and mental health issues in the territory, particularly among the aboriginal community, said the senior judge of the NWT Supreme Court.

"We know that sending away people for longer periods of incarceration, mandatory minimum sentences, do nothing to deter crime," said Vertes.

"If they did the United States would be the safest country on Earth but their crime rate is eight times that of Canada's."

The rate for violent crimes nationally is going down, but is increasing in the Northwest Territories, said Vertes. The incarceration rate, meanwhile, is the highest in the country, and 85 to 90 per cent of those inmates are aboriginal, he said.

That the NWT population is young while Canada's is growing old accounts for much of this discrepancy, said Vertes. Most crimes are committed by young men of 18 to 25 years in age, and there are more than 3,100 of them in the Northwest Territories, according to the NWT Bureau of Statistics.

What else is happening, the judge asked. There remains NWT communities without police officers, social workers, and probation officers.

There is no longer a halfway house for parolees providing job training and life skills, and drug and alcohol addiction is as rampant as ever.

"I walk every day to work back and forth through downtown (Yellowknife), and I see what's happening in this city, and I question how many of our civic leaders do," said Vertes.

"So where is the attention being given to what's happening down at the community level? The need for rehabilitation services, the need for probation services, the supervision services."

Vertes insisted that courts are strict where required. The starting point for sexual assault offences in the territory is typically three years in prison, he said, adding though that sometimes "it's a little lower and sometimes it's a little higher."

As for the Truth in Sentencing Act brought into force by the Conservative government last year - a law meant to eliminate two-for-one credits given to offenders for time served in pre-sentence custody - Vertes said the real question people should be asking is what happens after the court process, when inmates are facing the prospect of parole.

"If they meant truth in sentencing in that the public should know what a person is sentenced to, how long that person will be in jail on an accurate basis, well then the real question is to address laws respecting parole and conditional release," said Vertes.

"Parole, except in very rare cases, is out of the hands of the courts. It's in the hands of the parole board and correctional authorities. That's under a different statute altogether."

Vertes said he understands why victims and their families are upset when certain sentences are handed out but there are many factors at play, including the prospect for rehabilitation of the offender, the high rate of incarceration for aboriginals, and the likelihood that a person charged with a crime will re-offend.

"It's not unusual to have family members of victims and victims express a desire for severe sentences and feel the sentence imposed by the court is not severe enough," said Vertes.

"On the other hand, we also have family members, community members of offenders, come forward to say this act was out of character, this person is really a good man, he's a good provider. Please don't send him to jail."

Ramsay, the MLA who has been the most critical of court sentences in the legislative assembly of late, said he too recognizes that governments need to address the root causes of crime, but courts must ensure the public is protected from violent offenders, particularly those with long criminal histories.

Ramsay said courts should not hesitate in seeking a dangerous offender designation when confronted with these types of offenders.

"How many people have to get hurt, maimed or killed before action is taken and people are put away and have that dangerous offender attached to them," said Ramsay.

NWT Justice Minister Jackson Lafferty and Health and Social Services Minister Sandy Lee were not available for comment at press time.

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