Debates of May 31, 2022 (day 115)

Date
May
31
2022
Session
19th Assembly, 2nd Session
Day
115
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. C. Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon-Armstrong.
Topics
Statements

Oral Question 1114-19(2): Sexual Violence

Thank you, Mr. Speaker. My questions are for the Minister of Justice.

In regards to my Member's statement, has the Minister of Justice considered ways in which women, children, and those in the LGBTQ2S+ communities will be impacted by this recent supreme ruling allowing for the selfinduced extreme intoxication defence? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Inuvik Twin Lakes. Minister responsible for Justice.

Thank you, Mr. Speaker. What the Member is talking about is a Supreme Court case. There's a recent ruling that changed the rules on defence and the types of defence that can be put forward. That doesn't really change the situation in the Northwest Territories however. The issues that we're facing are the issues that we're facing. This is a defence that would, you know, rarely be used. I don't know if it's ever been used in the Northwest Territories. But it doesn't change the fact that we face the levels of sexual violence that the Member has already stated. So the work that the department does is focused on those issues already. So this, you know, has the potential perhaps to exacerbate the issue but nonetheless that work is the focus of the department at all times. Thank you.

Thank you, Mr. Speaker, and thank you to the Minister for that response, and I'm glad that the department is always focused on the issues that we have in the Northwest Territories.

So my next question is how will the Department of Justice ensure that women, children, and those in LGBTQ2S+ communities, especially those who are Indigenous, will be supported during any criminal process? And I guess this could mean during a process that's got to do with this as a defence or like sexual violent process. Thank you.

Thank you, Mr. Speaker. As the Member's likely aware, the Public Prosecution Service of Canada recently established a sexual violence legal counsel team, and that's independent from the Department of Justice; I won't take credit for that. But that's a new development that's quite recent. And the department is also currently developing a new program to provide free legal advice and navigation supports for survivors of sexual, intimate partner and domestic violence, and assault. So we've secured funding to do that as well. So we are taking steps to address these very issues. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, I too am an Indigenous woman of the Northwest Territories and have grown up here my entire life and have known of many other women, and even when I was younger, young girls who were being, you know, sexually had sexual violence against them, and the majority of the time the perpetrators were intoxicated. So my concern is with this defence, you know, and now that it's gone through the Supreme Court of Canada as possibly could affect, this could come out I mean, we will have defence lawyers that may try to use it if there are, so that's why I'm raising it here. And so I want to know how will the Department of Justice ensure that selfinduced extreme intoxication defence will not be used to perpetuate genderbased violence against women in the Northwest Territories. We are already higher than the second highest in Canada. Thank you.

Thank you, Mr. Speaker. And I know the federal government is likely going to respond to this decision by the Supreme Court, but we have no influence over the Supreme Court and the laws, the common law that they create, or the federal Department of Justice and the Criminal Code of Canada, or how the courts operate or the defence counsel or the prosecution service. So it is difficult for us to do what the Member is asking.

That being said, the case that the Member is referencing was a case where someone ingested a significant amount of psilocybin I believe, magic mushrooms. So it wasn't someone getting blacked out drunk. It was something else. And it's a different level than just being too drunk to know what you're doing essentially. It's not the kind of drunk you see perhaps at a party or something like that. It's a different level. And so I don't think that there's concern that this will now become commonplace in the territory. It is a very high threshold that people have to meet, and it's an extremely rare that people will meet that threshold. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary, Member for Inuvik Twin Lakes.

Thank you, Minister, and thank you for your definition. And I you know, I've read there are three cases, and there were some hallucinogens that were the cause of the three cases. But the my concern is is that, you know, like I said, if it is if is being used, then then that's my concern, against the women and girls of this territory.

So will the Minister discuss some of the examples because there were some examples described by the Supreme Court judge that did the ruling, Kasirer, that they provided in their ruling with the federal minister. So will this will our Minister ensure that they raise this issue when they have their FPT and make sure that there is going to be some you know, something in place or where this is going, or are they are you know, just to continue this conversation so that way this is not end up in going backwards for women, you know. We don't need to be going backwards in Canada for protection of women, especially Indigenous women will be the ones that are in effect because they're less likely to even go to the court system as they do not trust, as I mentioned in my Member's statement. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Every time I speak with a federal minister, I bring the concerns of the territory to that Minister. And this is a perfect example of an issue that I'd be happy to bring to the Minister and have those discussions to let them know about the unique nature of the Northwest Territories, the rates of violence that we see here, and the concerns that are being raised. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Monfwi.