The NWT’s justice minister says the minority Liberal government’s proposals on bail and sentencing “respond to concerns northerners have been voicing for some time.”
Jay Macdonald, who became the territory’s justice minister earlier this year, said he welcomed legislation announced by Prime Minister Mark Carney this week but only if its implementation was “thoughtful and fair.”
Carney’s office said the legislation would introduce reverse-onus bail for major crimes – meaning the accused must demonstrate why they should be released from custody. Normally, the Crown is obliged to show why they should remain.
Ottawa also wants to allow “consecutive sentencing so multiple crimes mean longer time behind bars,” the news release stated, and restrict conditional sentences – sentences served in the community, rather than jail or prison – for some sexual offences.
The Conservatives had also proposed similar legislation.
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“The proposed federal reforms, if implemented thoughtfully, can help restore confidence in the justice system and better protect those most at risk,” Macdonald said in a Friday statement.
“At the same time, implementation in the North must be thoughtful and fair. Our government will work closely with Canada to ensure these reforms respect the Charter, uphold Gladue and Ipeelee principles, and reflect the realities of small and remote communities.”
The cases mentioned by the minister are ones in which sentencing principles were established that account for the circumstances of Indigenous offenders.
Macdonald also wants Ottawa to address “resource pressures across courts, corrections and legal supports” while ensuring “prosecutors and police have the tools they need.” (The NWT’s finance minister said on Friday her government is spending $246,000 for security improvements at Yellowknife’s courthouse, including a new sheriff position and other upgrades. More broadly, there have long been concerns that legal aid, for example, is not sufficiently funded to address its workload.)
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“We look forward to working together to ensure these reforms are implemented in a way that works for the North and helps build safer communities for northerners,” Macdonald wrote.
He added that “lasting safety depends on investments in housing, mental health and addictions treatment, and opportunities for youth and families,” pointing to territorial legislation being developed that the NWT says will give it power to more readily shut down drug houses, keep proceeds of crime seized from offenders, and better prosecute trespass-related offences.
“Every northerner deserves to feel safe in their home and community. These federal measures, together with the work under way across the Northwest Territories, represent an important step toward that goal,” Macdonald wrote.
“Our government will continue working with Indigenous governments, community partners, and the federal government to make it a reality.”
