Home page

Text size

E-mail this page

NORTHWEST TERRITORIES
The Conservative government's proposed tough-on-crime bill is likely to land more NWT offenders in jail, according to Justice Minister Glen Abernethy, and the territory's jails are at risk of becoming overcrowded.

What is community justice? Community justice: An approach that is based on the principles of restorative justice and aboriginal values that emphasize healing, respect, cooperation and balance. Community Justice Committee: A legal entity comprised of community volunteers designated by the GNWT minister of Justice to address matters diverted under Section 21 of the Youth Justice Act, Section 18 of the Youth Criminal Justice Act and Section 717 of the Criminal Code of Canada. Restorative justice: Is a non-adversarial, non-retributive approach to justice that emphasizes healing in victims, meaningful accountability of offenders, and the involvement of citizens in creating healthier, safer communities. Source: Department of Justice

In a four-part series, News/North is taking a closer look at the North's justice system in an attempt to answer the question: why are the jails so full in the first place?

Under the law, there is a recognition that people have the capacity to deal with certain crimes on a local level, and in that regard the NWT is leading the way, according to Shirley Kemeys Jones, director of community justice and community policing.

Annually, a little more than $3 million is funnelled to the territory's justice committees. There are 23 communities with formal agreements to operate committees, and all but four communities - Aklavik, Jean Marie River, Nahanni Butte and Tuktoyaktuk - have justice committees operating in some capacity.

"At one time the programs were seen as, 'OK, this is a nice thing to do. Sort of the softer side of justice.' Now I think that's very much changed to 'This isn't a soft approach to justice. This is a smart approach to justice,'" Kemeys Jones said.

"This is a strategic approach to justice, where you're actually working with people in the community who know what's happening in the community and some of the best ways to approach crime. They're the ones who are living there and they're the ones who know."

The community justice program in the North was established by the GNWT in 1994 and since then has overseen community service work, crime prevention programs, fine options, on-the-land and cultural programs and diversion programs, where offenders become involved with the justice committee instead of facing charges, or have the Crown prosecutor refer them to the justice committee after the charges have been laid.

In 2009-2010, 155 people were "diverted" from the justice system this way.

Kemeys Jones said some of the most common offences to be diverted are mischief, minor assault and drinking in public, either by recommendation from the RCMP, the Crown prosecutor or by the offender's own initiative.

"The first criteria, and I think it's the most important criteria, is the person is accepting responsibility for what's happened. Some people refer to it as a guilty plea but I think it goes deeper than that," she said.

"You're taking responsibility here. You're agreeing to be a part of this process. So once they're committed to it there's more of a chance that there's going to be a successful follow through."

Any offender is eligible to take part, but must admit wrongdoing and be willing to work with the justice committee.

Kemeys Jones, who worked as a corrections service worker in the 1990s, said she has seen some big changes since she began working in the field of justice - and community justice committees are a huge part of that.

"There's more of a need for accountability and transparency and communication between all the partners," she said.

"I see that (community justice) is going to have a more legitimate role in the criminal justice system. They just have the pulse of the community."

Despite all the changes, the program still faces challenges.

In the NWT Community Justice Review, published in May 2011, committee members, RCMP officers, sponsoring organizations and aboriginal governments noted the difficulties in filling community justice co-ordinator positions on a long-term basis.

In addition, some justice committees work in cramped spaces, others face difficulties maintaining relationships with the RCMP and funding is said to be too low to support programming.

Of those who responded to questions for the review, 29 per cent said the relationship between justice committees and the RCMP was fair, poor or non-existent. One out of three said the diversion process doesn't work.

Kemeys Jones said another challenge is the workload co-ordinators and committee members handle. Many are active in the community through volunteer and work commitments and are often stretched for time, she said.

Training sessions by the Department of Justice are run both in Yellowknife and in the communities, which she said has helped address some of these issues.

"The training is actually both ways. They're informing us as well as we're informing them. It's very much a partnership," she said.

Next edition: News/North takes a closer look at the impact the residential school system had, and continues to have, on the territory's justice system.

We welcome your opinions. Click here to e-mail a letter to the editor.