Debates of June 6, 2006 (day 6)

Thank you, Mr. Speaker. Mr. Speaker, today I would like to speak on our justice system and offer one suggestion as to why our jailhouses are full. We have all heard the phrase: “If you do the hard time, you will do the tough time.” In Nahendeh, there is another phrase: “If you do petty crime, you will do a long time.”

Mr. Speaker, what I am referring to is the growing number of constituents who are expressing their concern that they are being advised to plead guilty or accept sentencing conditions without adequate legal advice or other proceedings. I have constituents who are being advised that if they choose to plead not guilty and use the system, then the punishment is often worse. Oftentimes, during these emotional and difficult times when the accuser is unaware of their rights or their judgment is clouded, during these pressing situations individuals can agree to what is recommended by justice. Yet we have a fundamental principle in our legal system that is meant to curtail this type of justice: innocent until proven guilty.

I have asked in this House to give me conviction rates in my region. I believe it is timing and this is one of the reasons why there are more and more people in our jail system. I feel like it is strong arming our people into a plea before they adequately have the legal resource to make an informed decision. To compound this problem, lawyers are often difficult to retain, let alone one that the accused feels comfortable with. Mr. Speaker, it does take many phone calls and a number of weeks by Nahendeh residents to even establish first contact. It is important to be mindful of the justice staff in our communities, yet once again our training, policies, procedures and resources are not responsive to the real needs of our people. We need proper legal consultation and proper legal accommodation.

Our justice system must recognize that in small and remote communities the level of judicial infrastructure or professional services is limited and assistance and flexibility must be given to the accused. I am not saying that an offender should be given special treatment or there should not be repercussions for their actions, but our justice must be fair for all. If one region has it, then all regions must have it. I feel that the number of convictions in Nahendeh have increased and, I will go further, I don’t think it’s fair that the punishment is worse if you use the system. It’s there to protect the rights of all people, Mr. Speaker. Mahsi cho.

---Applause