Mr. Chair, mahsi cho.
[Member spoke in Gwich'in]
[English]
As with all my speeches in the parliamentary precinct on the traditional territory of the Anishinabe Algonquin people, I would like to thank them: gunalchéesh for the spiritual, uplifting ceremonies that I have attended with them.
We too have stories of horrible, dark events, not only in the justice system but in many other aspects of life as well. However, I would like to spend my limited time tonight offering some possible routes forward to hope, based on some of the successful initiatives created and implemented by Yukon first nations.
For thousands of years, indigenous Canadians have lived and survived here just fine. They governed themselves. They had their own justice system. They had their own traditional laws. Their traditional way of life was successful. Now look at indigenous people in today's justice system. Is that working well? Clearly, from previous speeches, no.
Do members think that putting indigenous people in touch with traditional laws and processes that have served them successfully for thousands of years might help? Many in Yukon first nations feel they will.
I will give some successful examples now, and it is important to note that these successful initiatives did not come from governments but from the Yukon people themselves. They were created by Yukon first nations.
As the Prime Minister said today in his speech, which I think will be one of the most historic speeches in this House of Commons on indigenous people, self-determination is foundational. I would like to take this opportunity to highlight some of the ways that Yukon first nation governments, in partnership with other levels of governments, are moving forward with reconciliation and creating a more inclusive system when it comes to indigenous people in Canada's justice system.
It is fitting I should speak today, as today we mark the 45th anniversary of Together Today for Our Children Tomorrow. On February 14, 1973, a delegation of Yukon first nation chiefs presented Prime Minister Pierre Elliott Trudeau with the historic document “Together Today for Our Children Tomorrow”. This was one of the first land claims accepted for negotiation in Canada, and it became the basis for negotiating the Umbrella Final Agreement signed in 1993, followed by 11 Yukon first nation land claim and self-governing agreements that are in place today.
These modern treaties are viewed across Canada and around the world as the leading model for new relationships with indigenous people. As part of the self-government agreements, first nations have gained the authority to administer justice. While these provisions are still being negotiated with a number of Yukon first nation governments, we are seeing some interesting developments as they move forward.
The Teslin Tlingit Council signed its Administration of Justice Agreement with the Government of Canada and the Government of Yukon in 2011, the first of its kind in Yukon. Through this, they have enacted their own Peacemaker Court, an important step in allowing the Teslin Tlingit Council to administer its own laws and govern its citizens.
Not unlike federal, territorial, and provincial governments, many Yukon first nation governments have justice departments. These departments deal less with punishment and more with child welfare, healing, and restorative justice through traditional knowledge and traditional processes of justice.
The Kwanlin Dün First Nation in Whitehorse has also implemented a unique, successful community safety officer program. The first nation administers its own officers to patrol and respond to incidents within the McIntyre subdivision, while working with RCMP, Whitehorse bylaw officers, or Yukon conservation officers. The program has seen police calls in the area drop by an unprecedented 40%.
Yukon first nations are also working on expanding the capacity of Gladue reports production in the justice system. In the fall, the Council of Yukon First Nations, with funding from Yukon's Department of Justice, hosted a workshop on writing Gladue reports, the first step in building a reserve for the much-needed service in the community, building on the success of the many that have been used in the courts and reducing the rate of incarceration of indigenous people.
As members can see, when we work hand in hand with first nation governments, we begin to build a system that is more inclusive and better accommodates the experience of indigenous people in Canada.
To conclude, what are possible avenues to reach exits back into the light?
First, consider consensual and existing customary practices. Second, consider peacemaker courts, like in Teslin. Third, consider indigenous traditional processes for resolving disputes. Fourth, consider wilderness, land-based treatment, such as the Kwanlin Dün First Nation and other Yukon first nations have used for decades.
Fifth, and the next three are three items that if anyone, officials in provincial, federal, or territorial governments, is watching, these are things that could reduce huge numbers of people in the justice system, that could save millions upon millions of dollars, and reduce massive amounts of human suffering. The first one is that it has to be remembered that over half the people in the justice system are either on a substance or getting the money to get that substance. That has to be dealt with first.
Sixth, huge numbers of people who should not be in the justice system have mental illnesses. That has to be deal with first. Seventh, the third one, a huge percentage of the people in the criminal justice system who should not be there have FASD. If that is dealt with, it would reduce immense human suffering.
Eighth, consider the successful wellness courts that occur in the Yukon and have been there now for a number of years. Ninth, consider the Teslin Tlingit Council justice diversion program based on traditional Tlingit justice. Tenth, consider the Kwanlin Dün First Nation justice program that promotes awareness, understanding, prevention, empowerment, and healing. Eleventh, consider Kwanlin Dün's outpatient drug treatment program and youth land-based, wilderness-based, and adventure-based treatment.
Twelfth, consider alternative sentencing, such as circle sentencing practised by youth justice programs. Some people suggest that circle sentencing is an easy route out of jail, and that is totally untrue. Just imagine having to face a circle of family and friends to apologize, to explain what had been done, and to take a punishment from them. It is much harder for these offenders, much more successful but much harder for these offenders to do that. Some of them do not want to do that, but it has been proven time and time again. Vern White, a former police chief in Whitehorse, a former police chief in Ottawa, and a Conservative senator was a big supporter of these diversion programs, of alternative restorative justice.
On the recidivism of people, I gave three big ways to take a lot of people out of the system. The other is dealing with recidivism. It is 60%, 70%, 80% of people who come out of jail and go back in, under normal circumstances. In one instance of this circle sentencing, this restorative justice, the alternative sentencing that I just talked about, in the Dawson City youth program told me that recidivism was zero. That is an incredible success story, compared with 60%, 70%, 80% of people going back into the jails.
The member for Abitibi—Baie-James—Nunavik—Eeyou said that the definition of hope, given by Nelson Mandela was that when there was darkness all around, there is still a point of light.
I hope that tonight I have given 12 possible avenues to move towards that point of light.
