Debates of February 27, 2019 (day 62)

Date
February
27
2019
Session
18th Assembly, 3rd Session
Day
62
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Question 627-18(3): Fetal Alcohol Spectrum Disorder (FASD) Specialized Judicial Proceedings

Thank you, Mr. Speaker. In my statement, I talked about the fetal alcohol spectrum disorder, so my questions are to the Minister of Justice. Without a question here in the Northwest Territories, we have high rates of alcohol and drug abuse. My question is: the Northwest Territories Wellness Court is meant to support people with addictions or cognitive issues. Can the Minister tell me if our wellness courts currently support people with FASD? Mahsi.

Speaker: MR. SPEAKER

Masi. Minister of Justice.

Yes, thank you, Mr. Speaker. The wellness court is an alternative to conventional criminal court. It focuses on the offender rather than the offence, and it seeks to address underlying issues of drug and alcohol addiction, mental health and cognitive challenges, and, certainly, it is an option for those with FASD. Thank you, Mr. Speaker.

Even so, although it may be a better option than regular courts, I am not convinced that wellness courts are the most suitable option for individuals with fetal alcohol spectrum disorder. Wellness court could create demand that offenders accept responsibility for the crimes that they have been charged with, and "be ready to put in a lot of hard work." For many people with fetal alcohol spectrum disorder, this just may not be a fair expectation. How have our courts programs have been adapted to suit the unique needs of people with FASD?

I do appreciate the Member opposite's concern about this very serious problem and his desire to see the best programming possible for people who find themselves in criminal court, particularly those suffering with FASD. I don't agree with the suggestion, however, that all people with FASD are not able to accept responsibility and put in a lot of hard work.

It is important to recognize that the programs are not necessarily for everybody and that the potential participants are assessed for suitability. The reality is that anyone pursuing the type of program offered is that success will require the willingness to accept responsibility and to work to change behaviour. That work may be hard, and I do appreciate that, and I do realize that it will be a challenge for those with FASD, as it is a challenge for those with other cognitive disabilities or addictions. However, this court, which has been in operation for more than five years, I believe, is a path for those who find themselves in these situations.

I think the department is on the right path. There is some innovation in terms of thinking, to try to decolonize the society here in the North, especially attitudes towards incarceration, and so can the Minister commit to considering the implementation of specialized courts programming for individuals with FASD in the NWT?

I can commit to the Member opposite that the wellness court program will be continually reviewed and improved. There is a steering committee for wellness court that includes representatives from the judiciary, Crown, and defence bar. Improvements can always be made, Mr. Speaker, and certainly we do want to make improvements to deal with those offenders who find themselves before the wellness court. I understand that more than a hundred people since 2014 have been referred to wellness court. The court, as I say, was set up in 2014. The first sitting was October 2nd of that year, so I do regard the wellness court as being a success. I realize that there is a lot of work involved by everyone, including the offenders. We are always looking to improve the system.

Speaker: MR. SPEAKER

Oral questions. Member for Deh Cho.

Thank you, Mr. Speaker. At the outset of responding to my first question, the Minister stated that, you know, there are options to fetal alcohol spectrum disorder in terms of working with the department. As another program, aside from the alternative court process, what other options does he mean in terms of addressing fetal alcohol spectrum disorder? Mahsi.

We understand that this problem has many facets and that they are not always dealt with the best in the court system. Of course, I am speaking of the wellness court that can assist, in my view, in these types of situations with those who do have cognitive or mental issues or addiction issues. There are also other options, through Health and Social Services, where people can be assisted.

The wellness court is a specific court dealing with offenders that find themselves before the court system, but that doesn't mean that there aren't other programs that can't assist. Thank you.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Frame Lake.