Thank you very much.
Good afternoon, everyone.
Good afternoon, members of the House of Commons who are studying this private member's bill, Bill C-228. I am grateful for this opportunity to share some experiences I had during my days as a social work student, as a lawyer representing persons before the courts in New Brunswick, and as a provincial court judge.
I am a member of the Wolastoqiyik Nation from the Tobique First Nation. I worked with indigenous persons who are incarcerated at the Guelph Correctional Centre as a social work student during my studies at Wilfrid Laurier University in a field placement in January to April, 1973. Persons who were sentenced to two years less a day served their imprisonment there. It was an eye-opener for me, because I was already a lawyer before I went to study for my master's degree in social work. I defended indigenous and non-indigenous persons charged with summary and indictable offences under the Criminal Code of Canada.
When a client is found guilty or pleads guilty, information gathered by a probation officer is very crucial in making submissions to the sentencing judge on behalf of their client. As a probation officer, your duty is to make the best submission on their behalf to a judge for an appropriate sentence.
As a provincial court judge, you must listen to what is presented by the Crown prosecutor and the victim, read the victim impact statement, and listen to the submissions of the defence counsel and the accused, who may wish to speak. You must also read what is in the pre-sentence report and letters of support, and you must apply the principles of sentencing found in the Criminal Code. Whatever sentence you decide to give is not easy and is subject to appeal.
I have seen many persons who were repeat offenders. It could be because of their psychological state of mind, addictions or a deliberate refusal to abide by the conditions of a probation order or bail conditions, or because they didn't care. I call them “the walking wounded”.
There are no winners in the criminal justice system. The victims and the communities have legitimate fears that the offender will exact revenge unless fundamental changes are introduced into their lives. Programs must be made available for the rehabilitation of the offender. It depends on the length of the sentences in institutions or in the community, which need the resources to change the behaviour of the offender. Often, counselling may continue beyond the time served, and this can be put into the conditions of a probation order.
Indigenous persons have a high and a sad representation in penal institutions in our country. There are many factors that contribute to these statistics. Many are historical, many are because of poverty, and many are because the current justice system does not reflect the values of their communities. There have been many studies done to recommend fundamental changes in the criminal justice system, but not enough has been done to implement them.
I want to commend the initiative of the member of Parliament, Mr. Richard Bragdon, and your other members who have introduced this important legislative blueprint.
Thank you very much. Woliwon.
I can stay until about 5:45 your time.