Debates of Feb. 14th, 2018

Indigenous Peoples and Canada's Justice System

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Chair, in response to the good question from the member for Kamloops—Thompson—Cariboo, pursuant to section 649 of the Criminal Code, jurors are prohibited from discussing any aspect of their deliberations. When a jury deliberates, once that verdict is reached, those deliberations are confidential. In that regard, I would say that the comments made by the Prime Minister and the Minister of Justice with respect to the outcome of the trial involving the individual who killed Colten Boushie were unhelpful. While we can all agree that this was a great tragedy, and that the victim is Colten Boushie, we must also respect the administration of justice. That includes the sanctity of verdicts rendered by jurors, and the process that is in place, including the appeal process.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Chair, my hon. friend from St. Albert—Edmonton spoke of the clear lack of trust of indigenous people in the criminal justice system. The member for Timmins—James Bay spoke of the question of racism within police forces. We know that a lot of women who are in danger in communities do not go to the RCMP for help because they do not believe they are safe there. I take my friend from St. Albert's point that it might be unwise to comment on the verdict and what the jury did, but I have no hesitation in commenting on the horrific way the RCMP treated Colten Boushie's family in the immediate aftermath of his killing. Admittedly, it is a difficult topic to raise here, but what can we do to ensure that the immediate interface between the RCMP and indigenous peoples is not one where I suspect there is deep systemic racism within those police forces?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Chair, in response to the member for Saanich—Gulf Islands, I cannot speak to the interactions the Boushie family had with the RCMP following Colten Boushie being shot and killed. Obviously, some of the allegations that are coming forward about some of those interactions are deeply concerning. However, I will say that the men and women in law enforcement who risk their lives every day to keep our communities safe do a very good service for communities across this country. I have a lot of respect for the law enforcement community. I believe the vast majority of police officers do their very best to treat all the individuals they encounter, including indigenous peoples, with respect. However, there is obviously still work to do regarding further education and further awareness. What we have to do if we are going to move forward is take an approach of trying to work together to move forward and be better rather than pointing fingers at one another.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

[Member spoke in Cree language]

[English]

Mr. Chair, I come here as an indigenous person and as a Canadian, someone who believes in the goodness of people, especially when we can get them away from the Internet.

This is a great day, when we have seen our Prime Minister make an announcement on indigenous rights and the self-determination of indigenous peoples within Canada.

Over the past two years, we have seen a tragic chain of events that has demonstrated the divide that exists within our nation. Racism does exist. It is an ugliness in the underbelly of our state.

One of my responsibilities, one of our responsibilities, is to live together in a good way. There is, though, a divide in places like Battleford. Battleford is representative of what goes on in our nation. I hear it from my relations and cousins who see racism in the lower expectations in the education system and in schools when we tell children that they are not suited for that type of work or that course. We cannot do that.

We see the racism in child services, the racism in health care services, when even my father could not obtain cancer care when he was dying from lung cancer. We see racism when people go shopping in malls and are followed around, or racism when we have interactions with the police and are carded. Do we always trust the police? Many do not in our society.

Battleford represents a chance for us to look within ourselves and ask what type of nation we desire for ourselves, and especially our children. We can choose to be consumed by hate, by division, and by rage, but if we have the courage to extend our hand, we will gain so much more.

On Sunday, I said that I felt sorry for the Stanley family. Many may express disbelief. Some have said that I have betrayed my people, that I am a traitor, that I should die.

The taking of a life is wrong, either accidentally or purposely. Mr. Stanley will need to live with that for the rest of his life. He took a life, and his life is forever changed. If it were me, my conscience would weigh heavily, and I feel sorry for that situation.

A young man has lost his life, and I feel the greatest and deepest sorrow for the Baptiste, Boushie, and Wuttunee families. The dreams of a young man are gone forever. All the dreams of his family for his future are gone. He was a young man full of hope. He cared about his friends. He loved his mother, his uncles, and his sister. He had a great potential to make a positive contribution to his community. He was a man who should not have died, a man who deserves justice.

In January and February 2017, I walked on the traditional territories of 41 first nations, from Battleford to Winnipeg. I walked many, many miles, and I talked to many people. The land I walked on has seen the feet of my ancestors. It is land that was full of the spirit of my people. It also contained the spirits of others, farmers who have tilled the soil for over 100 years. I met with farmers and heard about their concerns in places like Cochin, Shellbrook, Prince Albert, Weldon, Melfort, Humboldt, Muenster, Melville, Esterhazy, and Fort Qu'Appelle. I heard about their love of the land and how they worked hard, about their dreams and their needs.

As indigenous people, we do not live here by ourselves. We live side by side with others. They will not be leaving any time soon. We signed treaties, such as in 1817, when Lord Selkirk and Chief Peguis worked together to save the Selkirk settlers who had arrived in Red River, near Winnipeg, in -40 degree weather, feeding them, clothing them, housing them, looking after them, caring for them.

I was told by an elder, Winston Watnee, that if I cry, my children will die. I remember hearing him by listening to a cassette tape. He sang those words as my mother drove her car across the Prairies, coming from Calgary, where she could not find work and we could no longer afford an apartment and where we were living in a car from May until October. We arrived at a powwow in Battleford, the traditional territory of my people. We met Winston and bought his cassette.

I listened to those words and that song, See the Arrow. That vision is engraved in my memory. It is the model I try to use with my children, to always keep a smile on my face and to always be happy, but to face reality nonetheless.

The young man who died, pun, is a representative of many in this country. His story talks of the ills of our society, a justice system that is broken. From his needless death comes a chance at reform, at building a better and more inclusive structure of the state. My message is this: If we let the rage consume, can we have the future we need? If we yell, will the people listen to us or will they tune us out? Once we have salted the earth, will we be able to feed our children?

I call upon leaders in our heartland, in all municipalities across this country, in churches, in communities, and in first nations, to extend a warm hand of reconciliation, to take the time to meet and learn how we can work together.

One can never convince a man of one's point through rage. How many municipalities have met on a regular basis with first nations chiefs and councils? Not very many have. There are some, but not enough. How many have common projects, where they work together on things of local importance? How many first nations invite local municipal leaders and provincial leaders to their community and band meetings, or even to celebrations? What is our common project at the local level?

The new Premier of Saskatchewan has offered many solutions. What role can we all play to build the bridges to ensure that justice and the rule of law are paramount, to ensure that we live together in a good way?

It is easy to attack and to fight, but is that the legacy we need in our society? I would say to church leaders and religious leaders that we need to find a way to start conversations in our parishes and in our churches. We need to attend the sun dance, to see and to understand indigenous peoples. We need to attend the churches so that we may understand other people's perspective. We also need to attend mosques to understand all perspectives that make up this great nation.

In 1994, I was in South Africa. As a young man, I had the chance to see up close the great work of Mandela during the first free and fair elections of South Africa. I heard him speak. He put aside division and the rage that he had, and worked with those who had stolen decades of his life. He wanted a better future.

I am certain that the imperfect justice system will move forward even tomorrow, but we must find that common ground. The question should not be only about obtaining justice for a young man, but about how to prevent this from occurring in the future. How do we create a society where people do not feel they need to reach for a gun because they feel the state has been absent?

We do not live in a lawless society. We live here with our values, our common values. We just need to find a way of expressing them so that we can both understand those values.

I would ask the leaders of all communities and especially those people online, how do we create a society where all citizens have equal opportunity?

In closing, I have a challenge for people to invite someone from outside their regular community and network over for a meal, someone they would not normally invite; make it a meal of reconciliation; break bread together; learn, and especially extend that hand of reconciliation, which we need so much in this time.

Tapwe.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, I always appreciate the independent perspective the hon. member brings when he talks about issues. I think it is a strength for members of Parliament to think through issues themselves and come to their own conclusions.

I would be curious to hear him talk a bit more about the issue of reconciliation. He talked about some of the frustrations people feel in both indigenous and non-indigenous communities. What does he think we can do? What does he think could happen at the local level to encourage greater understanding, greater co-operation, and a greater sense of common purpose as we go forward?

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Chair, I remember when I first arrived in Winnipeg, I had a naming ceremony for my young child. We lived in the suburbs, which generally are not indigenous neighbourhoods. We decided to invite over some of the neighbours. Even though many of the people were 40 to 50 years old, this was the first time they had had any extended interaction with an indigenous family as they participated in a ceremony celebrating the life of a beautiful little girl. Spending that time together was an important moment for me. Many of us have become fast friends. One lady, in particular, down the road, is like a grandmother to my children, even though she is not of my blood or from the soil I am from. Nonetheless, I consider her family and like a grandmother to my children. She is loved very much. That would not have happened if I had not taken the time to extend a hand of simple friendship.

That is what is most important. It is not simply what we do here in Parliament but what people can do back in our communities, what they do in Humboldt, Esterhazy, and Melville, places where I have been.

I remember a young man named Moose, in Melville. He was a construction worker. He invited me out for a couple of drinks. We went to a bar and met with other farmers. We had a wonderful evening. I had a wonderful time learning about all the challenges farmers face. I would not have known that. It informed my thoughts here in Parliament.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Chair, we know the relationship between first nations and the criminal justice system has been bad for a long time. As much as the government likes to say it is improving, in many ways, it is not, especially where I live in Courtenay--Alberni. There is systemic racism. We see it in policies of today, in court cases today in my riding, which the member knows all about.

There have been multiple commissions and inquiries, spanning decades, regarding or advising on first nations and the criminal justice system, from the Donald Marshall inquiry in 1989 to the Royal Commission on Aboriginal Peoples in 1996 to the Truth and Reconciliation Commission in 2015. All of them recommended significant changes to the criminal justice system. The federal government has idled, only for things to get worse. We have finally reached a crisis point, which is what happened to the Boushie family.

While I am posing my question, I would like to send my condolences to the Boushie family on behalf of the people of Courtenay--Alberni.

Could the member tell us if the government will commit to an inquiry into the relationship between first nations people and the criminal justice system with a mandate to recommend serious change? We need to do it expeditiously, working together with first nations people. Will the government idle, or will it idle no more on this issue?

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Well said by my friend from Courtenay—Alberni, Mr. Chair. I had the opportunity to visit him in his community.

My colleague is right. There are a lot of studies. I have a study here by Chief Justice Murray Sinclair, from 1991, about the aboriginal justice inquiry in Manitoba. The report lays out many of the recommendations concerning the jury system that the Liberal government might be reviewing and implementing.

I cannot speak specifically to what the government may or may not do in this case. I hope what the Prime Minister announced today will offer the opportunity to look at the structures of our interactions with indigenous peoples and to perhaps allow indigenous peoples the right to have their own justice system that meets constitutional requirements in Canada and the rule of law, ensuring that there is a transparent and open system. I am sure they can design their own systems that respect their values, which my friend from Yukon talked about earlier. There are many things we could be doing.

I hope first nations have the courage to act and put forward proposals they would like to see for themselves, because at the end of the day, it has to come from first nations. It cannot simply come from the House of Commons.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Chair, my question to the hon. member has to do with the importance of ceremony. When I was at Buffalo Sage Healing House, I met a woman who talked about going from surviving, when she was in an institution, to healing, and a lot of it had to do with the fact that she was taking part in ceremony.

I wonder if my colleague could speak to the importance of that and the healing journey for indigenous men and women who find themselves in corrections.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Chair, it does not matter what ceremony it is. It could be from a Christian tradition, Buddhist, or Muslim, but I think it is important for human beings to have some form of faith. It gives people hope for the future, a knowledge that even though times are sometimes very difficult, there is a purpose in life, that they have value and are loved by someone, and that they can carry on no matter what the situation.

In the prison system or the corrections system here in Canada, I know it is very important. I know there are many great people doing lots of work. I see it all the time at the Sundance, where people who have had some very difficult lives come to do a form of penance in order to strengthen their own spirit, so that they can face the challenges when they go home, of addictions, issues, and ills that they face in their families, and to pray for loved ones who are very ill.

We need to do anything we can to support that, any type of faith, so that people feel the path they need to follow is important. We need to make sure we are supporting them in taking that path.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Chair, the Truth and Reconciliation Commission report had a lot of specific calls to action. The hon. member mentioned how many cities meet with chief and council.

I have had occasion, through the Federation of Canadian Municipalities, the big city mayors' caucus, to hear the Mayor of Winnipeg, Brian Bowman describe some of the things that are going on in Winnipeg and other cities where the municipalities have taken on their share of what they see as a call to action within the Truth and Reconciliation Commission report, and pursued that.

Would the member reflect on those things in his own community? It certainly had impressed me to meet with mayors who, themselves, would say that they have to see these things, look at the medicine wheel, consider healing in these ways, and we really have to be deeply committed to reconciliation. They were not just mouthing the words. I found a deep commitment across much of the municipal order of government leadership across Canada. Does the member have any reflections on that?

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Chair, Mayor Brian Bowman from Winnipeg has done a phenomenal job. I was a candidate against him and I recognize the great work he has done for Winnipeg. We have an aboriginal advisory council. Even our Winnipeg police force has two positions reserved for indigenous peoples in order to build a better understanding.

We had a former police chief, Devon Clunis, who spent an awful lot of time trying to build relationships with indigenous communities, to make sure that they felt the police were not there against them, but that they were there to help them and be protective of them. A lot of work goes into that each and every day in Winnipeg. There is always room for improvement. There are times when the police simply cannot respond to all the requests. Sometimes we have some issues with police response times in Winnipeg.

Nonetheless, they are on the road to trying to build a better society. However, there are so many issues that we face about needing an urban aboriginal strategy, including meth problems, opioid problems, and housing issues. I have 1,400 homeless people in my riding, many of whom were in the care of the state as children. I have 7% of the homeless population in my own riding. It is a dire situation that needs addressing with a whole-of-government approach, which I think the Prime Minister talked about today, as well as many other members in the House.

[Murray Rankin, NDP, Victoria, BC]

Mr. Chair, I am happy to rise this evening on such a critically important issue. I will be sharing my time with my colleague, the hon. member for Nanaimo—Ladysmith.

It was back in the 19th century when a famous British judge said that justice must not only be done but must manifestly be seen to be done. I think a lot of Canadians see what has happened in the last while as something that certainly appears to have been a problem. The family of Colten Boushie has said that passionately. The legacy of colonialism, which is at the root of this issue, shows that it is not just an appearance issue but a reality issue.

In the very short time that I have this evening, I want to talk about one particular issue, and that is the ability to use what are called peremptory challenges in the jury system, to effectively prevent anyone from the indigenous community to be a juror or to prevent black people from being on juries. We have seen this in cities across the country. In rural areas, it is even worse for first nation representation on juries. That is why I was so happy today to hear the Prime Minister say that the government would fix the juror-selection process. As justice critic for the New Democratic Party, we will work hand in hand to try to make that happen quickly.

I was also pleased to listen to the passionate speech of my colleague from Abitibi—Baie-James—Nunavik—Eeyou. He talked about working hand in hand with the Prime Minister on the broader agenda, what the Prime Minister referred to as the framework for recognition and implementation of indigenous rights. That is a larger agenda, and it is long overdue. We heard the member pledge, as the NDP critic on indigenous issues, to work carefully and fully with him in an effort to achieve reconciliation.

Let me speak about the specific issue with which the Prime Minister started his remarks, and that is the issue of peremptory challenges. Canadians may not understand that it is open to both the crown and the defence to have what are called peremptory challenges to jurors for no reason at all, perhaps the colour of the person's skin, but they do not have to give a reason. They have a certain number of peremptory challenges that each side can bring to bear. In addition, they have the ability to challenge a proposed juror for cause, of which there is unlimited ability to do that.

I want to read what Mr. Justice Murray Sinclair, now Senator Sinclair, wrote in 1971 after the murder of Betty Osborne. He was asked to do a study on the justice system and aboriginal people in the province of Manitoba. The way he started his report was chilling. He said, “We believe that the jury system in Manitoba is a glaring example of systemic discrimination against Aboriginal people.” Then he went on to say, “If a significant portion of that public is not properly represented on juries, it would not be surprising to discover that a portion of the public never comes to view the justice system as anything other than a foreign and imposed system.” That says it all.

That is why, among the recommendations made so long ago, Justice Sinclair said that there was a need to get rid of the ability for peremptory challenges to occur, and that was one of his key recommendations.

More recently, Professor Kent Roach said exactly the same thing. He says that it is time to get rid of this discriminatory practice. He calls peremptory challenges an invitation to discrimination, and I could not agree more. However, he says something else. He says that he hopes the government will take seriously, that the time for additional studies is over.

We have studied these issues to death and it is time for us to look at indigenous systems of justice, perhaps the greater use of sentencing circles, as the former chief judge of the Yukon Territorial Court, Barry Stewart, pioneered. There are a number of reconciliation issues and restorative justice initiatives we can take, but there is one thing we can do in this session of Parliament right now, and that is get rid of the use of peremptory challenges in our jury system.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Chair, I appreciate that the member stayed on one topic and elaborated on it, and it is great for this debate, but I want to ask him about something else. It is something I did not have a chance to get to.

There are three stages in the justice system: the causes to get there, what happens during the process, and then what happens after. I would like to ask the member about what we can do in the earlier stage. I did not get a chance to address that at all. Some people do not believe in root causes. I certainly do. What things could we do before someone gets there that would stop a lot of people from actually getting there?

[Murray Rankin, NDP, Victoria, BC]

Mr. Chair, obviously there needs to be a greater understanding in indigenous communities of the law enforcement system, because I think it is a foreign system. That was what Mr. Justice Sinclair said so long ago, in 1971, and it is certainly no different now. There needs to be an understanding that perhaps we can use our systems, but perhaps we can put the systems that come from those indigenous communities themselves to greater use.

In a lot of the self-government agreements that my friend will be aware of, there is emphasis on trying to restore some of those systems, including a greater use of elders. It is not a foreign imposed system, but is part and parcel of the community where they live so it makes sense to them and speaks to them in their reality. That is among the first and most important things we can do.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, I would like to ask the hon. member a follow-up question about his comments on peremptory challenges. Obviously, this is an important issue and one with a lot of history. Some of the commentary I have seen suggests that although these challenges could be used in an inappropriate way, they could also be used to remove people who may have a bias against people of an indigenous background. In a sense, they could be used in multiple ways.

As members have pointed out, of course the jury in this case was not representative. Is the peremptory challenge the best solution to that issue, or are there other possible solutions or ways of proceeding? Are there positives and negatives associated with these challenges, or does he see them as just negative?

[Murray Rankin, NDP, Victoria, BC]

Mr. Chair, obviously there is always a balance in these things. We keep them around the Criminal Code. Obviously, some people thought they made sense. I note that back in the eighties they were repealed in the United Kingdom, and I do not see why we cannot do it now.

I would say that challenge for cause can be expanded, and we can ask more questions, as happened in cases like the Williams case just before the Gladue case about whether there is a racial basis. Is someone able to dispassionately discharge his or her responsibilities as a juror, yes or no? The Americans spend endless amounts of time on jury selection. They have experts on jury selection. We do not do it nearly as much. We do not have nearly the data to use. However, I think we could use the challenge for cause a lot more effectively to get at whether there is any bias in a potential juror. An expanded use of challenge for cause would replace the peremptory challenges that exist in the Criminal Code.

Much of what we need to do is recognize the administration of justice is primarily a provincial issue. I would hope the Minister of Justice would take on what has happened here today, the Prime Minister's commitment, her speech, those of all members, and ask why we not go to the federal, provincial, and territorial justice ministers and make these changes a priority. We cannot do it alone.

However, what we can do alone, one of the few things we can do on our own, is simply repeal the section of the Criminal Code that allows the peremptory challenges to persist in our system. That is one thing we can do in this session of Parliament without any provincial or territorial involvement. I urge the government that it do just that.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Chair, I am sorry that we are here tonight. I am sorry to Colten Boushie's family. I am sorry that in a time of deep grieving they had to come to Ottawa to meet with the government. I am grateful for the generosity of their time and for the very strong voice of Colten's sister, in particular. I think she will be a future leader of our country. I am sickened by the racist language in social media and on our radio networks that has been unleashed by this. I am horrified. I see a lot of nodding heads from all parties here.

What we are hearing in our country is sadly summed up by my colleague, friend, and former Snuneymuxw chief in Nanaimo—Ladysmith, where I am honoured to serve. Former Snuneymuxw chief Kwul’a’sul’tun, also known as Doug White III said, on behalf of the B.C. Aboriginal Justice Council in the wake of this ruling:

The reality of this verdict drags Canada's justice system out from behind the window dressing of reconciliation rhetoric and exposes real problems that we must urgently address together.... Today, Canadians across the country are doubting whether this system, that clearly discounts the lives of Indigenous peoples, has anything at all to do with justice....

With my colleagues from all parties at the status of women committee, we have been studying the experience of indigenous women in Canada in the justice system and in the incarceration system. Indigenous women make up 30% of the total incarcerated population in Canada, and of federally sentenced prisoners, 36% are indigenous women. Here is how one witness we have had at committee described her experience. Vicki Chartrand from Bishop's University said:

Indigenous women end up on the deepest end of the system, and continue to be subject to some of the most restrictive levels of penal practices, such as maximum-security classifications, segregation, involuntary transfers, physical restraints, strip searches, lockdowns, use of force, dry cells, institutional charges, lack of medical attention, and also with higher rates of self-harm and suicide. When you end up on the deep end of the system...you often don't come out alive.

Mandatory minimums still exist in our country. The Liberal government promised to end them. It has not taken that power, and indigenous women, because judges can no longer exercise their judicial discretion, are being forced to serve time for a crime they may well be an accessory to, but it is putting their children into foster care, and this country is carrying on its tragic and destructive history of separating indigenous parents from their children. Why this could not have been done on day one of the government's term in office, I have no idea.

We have had recommendations from the United Nations committee to end discrimination against women, in 2016. I have been asking every witness at committee, “Are your recommendations on indigenous women in the justice system being addressed by this government?” They all say no. Seventeen of the 94 calls to action in the Truth and Reconciliation Commission are specifically focused on indigenous peoples' experience in the justice system. Again, witnesses at our status of women committee are saying there really has been no progress. In two years, with all the goodwill in the world, I do not understand why.

Dr. Ivan Zinger, of the Office of the Correctional Investigator, said:

I will say the practice of taking a women with acute mental illness and putting her into an all-male institution, completed isolated, all alone in a unit, is shameful and a violation of human rights.

There is no room for this in Canada. When do we have bureaucrats saying such appalling and condemning things about our government in Canada? This, again, is not a practice that has been ended by correctional services in Canada. It has not been ordered to be ended by the government.

Forgive me for saying it. This country cannot afford any more just good intentions. To go back to the old food aid concerts, words are not enough. This government has so much goodwill. We have the House with us. We have made promises and commitments on reconciliation, and now with rulings like we had, with the racism that is being unleashed across the country, we must turn these good intentions into actions. We must do better. I cannot even say do better. We must legislate. We must change our rules. We must bring legislation into the House that turns good words into action.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Chair, I completely agree with my hon. colleague and neighbour from Nanaimo—Ladysmith that we need to move to remove mandatory minimums from our criminal justice legislation. Almost two years ago I introduced a private member's bill, Bill C-269. It was a lot of work actually to cull all the individual mandatory minimums that had been brought in under the Harper era and put them in one private member's bill to make it easy to get rid of all of them, except for those for the most serious of crimes where we would not want to remove them.

I also note that the situation on Vancouver Island for indigenous women is particularly egregious. I want to offer my colleague the opportunity to speak to the lack of remand centres for indigenous women on Vancouver Island, and the additional specific discriminatory treatment that they face due to this lack of facilities. I ask if she would like to comment further on the systemic discrimination in criminal justice, particularly as it applies to us locally on Vancouver Island.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Chair, the separation of indigenous women from their communities and families when they have to leave our region to be incarcerated in other facilities compounds the problems that got them into the justice system in the first place. They become increasingly isolated.

We heard a very interesting circularity from a number of the witnesses. Gladue reports are supposed to bring into sentencing additional considerations around the impact of residential schools or of children being in foster care. The indigenous women at committee are telling us that the Gladue reports are having the opposite effect. They are identifying them as a higher-risk inmate. They are putting them into more isolation and more segregation, which makes them unable to participate in the programming that happens within the jails, which makes them ineligible for the nice earlier parole, the controlled release from prison. This means that they are even more likely to be dislocated from their families, dislocated from their culture, and maybe more likely to reoffend. It is a mess and the government has work to do. We want to work with the government.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, I want to ask my colleague for her comments on the ways in which we support victims in general in the criminal justice system. We may have some disagreements about particulars in terms of how to approach these issues, but supporting victims was one aspect of the system that was very important to our last Conservative government. We did things like pass a victims' bill of rights. Specifically, when things happen to people as a result of criminality, what can the federal government do more to support those who are victims, to provide them with resources and supports and ensure that those supports are culturally appropriate or responsive to the particular needs of victims from indigenous communities?

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Chair, I have lost track at committee of the number of witnesses who have said that the first thing we should do that would make things better for indigenous women in the justice system and incarceration is to undo the damage done by the Conservative government by its imposing mandatory minimum sentencing. It took away judicial discretion. It is breaking women from their families. It is continuing and perpetuating interruption in parenting. It is inhumane. We are way out of step with the rest of the world on this. We want to see it undone. We want to see the Liberal government, two years into its mandate, actually keep the Liberals' campaign promise in this regard.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Chair, I want to thank my good friend from Nanaimo—Ladysmith for her important work. One thing that my colleague from Victoria talked about is the peremptory challenges that take place in jury selection. This terrible tragedy and certainly this court case have shone the light on something that most regular Canadians did not even know existed, that the crown prosecutor or the defence can remove individuals from jury selection just for the colour of their skin or what they look like. This is something that crosses all political lines. It is clear that it is an injustice. Maybe the member could speak about the urgency of the situation and that the government needs to fix this and remove this provision.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Chair, I will echo the words of my colleague, the New Democrat member of Parliament for Abitibi—Baie-James—Nunavik—Eeyou. There are a lot of things that can be done by the government with the majority that it has and the good intentions that it has. We appreciate the Prime Minister's words, but they mean nothing unless he really acts. He said again and again, “Let us make sure it happens for real this time.” We need action and implementation starting tomorrow.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Chair, as I rise on the traditional unceded territory of the Algonquin nation, I am deeply grateful to participate in this very important debate on the experience of indigenous peoples within Canada's justice system.

As vice-chair of the status of women committee, I have listened to compelling testimony while we studied the overrepresentation of indigenous women in the justice system. Indigenous women are overrepresented in all aspects of the criminal justice system in Canada. Indigenous women in Canada experience violence at a rate almost three times that of non-indigenous women, and report experiencing more severe forms of violence than other women. The rate of sexual assault of indigenous women is three times higher than for non-indigenous women. They are also overrepresented as victims of homicide.

Between 2008 and 2017, the number of indigenous women inmates increased at the alarming rate of 60%.

Indigenous women and girls grow up facing intergenerational trauma as a result of parents who never learned to parent because of the impact of colonial policies, such as the residential school system and the sixties scoop; lack of mental health supports in the community; addiction; poverty; violence and abuse; and lack of access to education. One thing is very clear. The justice system has failed indigenous women every step of the way.

I had the privilege of visiting five corrections facilities in Edmonton last month, including the Edmonton Institution for Women and the Buffalo Sage Wellness centre, a healing lodge run by the Native Counselling Services of Alberta. At Buffalo Sage, I had the honour of taking part in the circle with Elder Vicki and hearing from female offenders, women who had survived what life had thrown at them and are now on a healing journey immersed in their culture, on the road to rehabilitation and reintegration, women who had attacked and escaped violent abusers and themselves ended up in prison, women whose lack of housing and poverty led them into the criminal justice system, and women who lost their children to the foster care system. These women are warriors whose strength is beyond anything I have ever seen.

I also had the privilege of visiting Pê Sâkâstêw, a men's healing lodge, where I had a memorable meeting with a 39-year old who first came into the justice system at 12 years old as a young offender. After a life in and out of jail, one that included abuse and addictions, he is serving a sentence for robbery, and is now on his own successful healing journey. He lives as a man in prison and as a woman outside, and prefers the “he” pronoun. He is on work release in the community. He has reconnected with his community for the first time in 20 years. He is another person with tremendous strength who is connecting with his culture, and that connection is guiding him on his healing journey. I can honestly say I will never forget him or any of the people I met over those two days.

During the study, we heard that women are the fastest-growing prison population, and indigenous women make up close to 70% of the prison population in some institutions. Mandatory minimums do not work. In fact, we heard they lead to higher rates of recidivism. If we really want to get tough on crime, we will stop sending people to jail, people whose poverty and life circumstances have put them in the criminal justice system. We should start treating the problems that brought them into the criminal justice system.

I met a woman at the Edmonton Institution for Women whose life would have been much different if she had been sentenced two days earlier, two days before mandatory minimums came in to effect. We heard from countless witnesses that mandatory minimums need to go, and that judges need discretion in sentencing.

The need for restorative justice has been heard time and time again. The Gladue reports provide recommendations to the court about appropriate sentencing and factors to be considered during sentencing, such as background, abuse, underlying issues such as FASD or substance use, residential schools, and more. This was a right won at the Supreme Court of Canada. However, Gladue reports are not always used properly. Not all provinces even have trained writers to prepare Gladue reports. We heard that in many circumstances, these reports are actually used against the offenders at parole hearings.

With respect to other issues, we heard about the lack of access to adequate representation during trial. We heard about the need for civil legal aid to assist women in gaining custody of their children or with other matters in family court. We heard that lawyers, judges, and police officers often lack awareness of the impacts of colonialism and colonial practices such as the residential schools. We heard about the need for culturally appropriate trauma-informed education for those who work in the criminal justice system. We heard about the need to reach out to communities to recruit more indigenous police officers, parole officers, corrections officers, lawyers, and judges, and about providing the supports to ensure their success in their chosen field.

We heard that victims of crime were afraid to go to the police. Certainly, the recent case of an indigenous woman who was sexually assaulted, who was jailed for five days to ensure she would testify against her assailant and was even transported in the same van with her assailant to court, illustrates that the fear indigenous women have is very real.

Nearly half of all indigenous offenders were removed from their homes in childhood. I applaud the commitment of our Minister of Indigenous Services to fix this broken foster care system. Enhanced mental health services and the need for those services 24/7 are sorely needed within the corrections institutes as is the proper diagnosis, treatment, and support for those living with FASD.

The previous government did away with accelerated parole, which was designed for low-risk, non-violent offenders to be released from prison at the earliest possible date to serve the remainder of their sentence in the community, thus providing a better chance for their rehabilitation and reintegration. We need to reinstate this important tool to remove indigenous women from prisons and put them back into their communities.

Indigenous women who find themselves in the correction system also need greater supports in the community upon release. Too often women find themselves without safe and affordable housing, and without a job. One witness described it like legs of a stool. Without all four legs, the stool collapses. Take away housing and employment and the woman most certainly will collapse, ending up back in the cycle of poverty, perhaps in an abusive relationship, or a return to jail.

One of the most concerning things we heard was that the prison classification system was designed for men but it was used to women. The result is that more women are sent to maximum security prisons where they have less programming in general, less opportunities for culturally-appropriate programs, more segregation, and less family contact.

Two provisions of Corrections and Conditional Release Act should be used more: section 81 and section 84. Section 81 allows for indigenous communities to oversee the care and custody of indigenous offenders who would otherwise be in a federal prison. Section 84 allows for an indigenous community to propose a plan for an interested and consenting indigenous inmate's release and reintegration in the community.

My time is limited tonight, so I am not able to list all of the issues facing indigenous women in the justice system. However, I encourage all members to read our report and recommendations when it is complete.

Our government is listening to the voices of indigenous women and girls. In budget 2017, our government provided long-term and stable investment in the indigenous justice program; and programs to divert offenders from Main Street courts in appropriate circumstances or community-based justice programs, leading to transformative change in the lives of individuals, families, and communities by providing an opportunity to address underlying issues of addiction and mental health concerns.

Our government also committed to provide $65.2 million over five years and $10.9 million a year thereafter to address the overrepresentation of indigenous offenders in the criminal justice system and help previously incarcerated indigenous people heal, rehabilitate, and find employment in the community.

In addition, through the indigenous community corrections initiative, our government will provide contribution funding to support training and capacity building within indigenous communities to help them implement community-based projects that will assist in the reintegration of indigenous offenders and provide alternatives to incarceration both on reserve and in urban centres.

I will close by paraphrasing a witness from the Indigenous Bar Association in Canada who said that:

Indigenous women have lived on this land for 15,000 years, and for 14,850 of those years, they were strong leaders in the community. We can and must return them to this role and can only do that by working side-by-side with indigenous people to fix the criminal justice system.