GNWT moves in with society in turmoil
Lawyers, volunteers seeking answers on how programming will continue in wake of dismissal of executive director
Shane Magee
Northern News Services
Wednesday, November 30, 2016
SOMBA K'E/YELLOWKNIFE
The Department of Justice is stepping in to get programs administered by the John Howard Society of the Northwest Territories back on the rails after the group fired its executive director earlier this month.
Executive director of John Howard Society Lydia Bardak was fired Nov. 14, leaving a gap in services she once helped deliver. - NNSL file photo |
The department paid the society to co-ordinate a community justice committee meant to bring together perpetrators and victims in an effort to get resolution outside court. It also administered the Fine Option Program, which gave people the ability to work off fines through community service.
Executive director Lydia Bardak administered those programs until she was fired Nov. 14, after 12 years with the society.
This week the department met with the society to ensure these services continue.
"At this point, while the society works to address staffing, the community justice and community policing division has assumed the role of co-ordinating with the community justice committee to continue to provide restorative justice and diversions for those who qualify," stated Leanne Gardiner, the department's director of community justice and community policing in an e-mail to Yellowknifer.
"People who need to access the (Fine Option Program) will be working with staff in the department probation office in the interim to make sure this work is also continuing."
It's not clear how long the department's takeover may last.
Brad Carlson, a John Howard Society board member, said he couldn't answer questions about what comes next for the group when reached last week.
A legal community stunned by Bardak's firing has been seeking answers over whether the services would continue. Peter Harte, a criminal defence lawyer, said on Tuesday he was trying to find out what would take place to be ready for court next Tuesday when he serves as duty counsel. Duty counsel is the lawyer that can provide advice for those in court who don't have legal representation.
Lynn Brooks, who worked with Bardak as a volunteer on the community justice committee, said her absence is already having an impact.
"Her work at the jail, her work on the street, her work on the justice committee, her work every day was to assist people in the community - both victims and perpetrators - to get back to an equilibrium and to restore justice," said Brooks.
"So that's gone right now and it is having a big impact for sure."
The committee was scheduled to meet again today but that meeting was expected to be cancelled.
Bardak in an interview last week said there are open cases that the court will expect to get updates on for those using or potentially using the programs she had helped run.
The department stated it was working with the court system, police and lawyers to ensure a smooth transition for the community justice committee and delivery of the Fine Option Program.
The committee gave an option for people facing minor charges to admit responsibility and try to make amends, and included the victim in the process. Completing it means the person doesn't end up with an entry on their criminal record.
Brooks said the turmoil is sad for those trying to use the diversion system.
"A lot of them are young and oftentimes it is a first offence and the last thing you want is for this person to end up with a criminal record. So this helps them to avoid that and it's also much more effective," Brooks said.
Bardak said her termination may be linked to tardiness with filing paperwork, which had resulted in the group losing its charitable status, she said.
Regaining the designation was something she was working on and she said she was making progress.
Carlson declined to comment last week about Bardak's termination.
Bardak, a former city councillor, is a familiar face in the city's courthouse and on its streets, reminding those set to appear before a judge of their court dates.
It's a task she plans to continue for a while even without being paid. Someone who misses a court date can face charges, compounding their legal issues.
Harte said Bardak was the ideal person to help the John Howard Society fulfill its mandate, adding she has helped him on several cases, including reminding people to get to court, reminding them to abide their conditions and providing people support during court appearances.
"As a resource, I believe she will be impossible to replace," Harte said, qualifying that he could be wrong.
Since Bardak's dismissal, a board member has resigned after pleading guilty this month to a charge of fraud of the NWT income assistance program over $5,000 for failing to disclose income. The person will be sentenced on Dec. 21.
Carlson told another media outlet that three additional board members have been appointed to fill vacancies.
