Corrections Act called ' leading edge' reform
If it gets the nod from enough territorial MLAs, the Yukon's new Corrections Act would put a special emphasis on services for first nations people which the act's creators are calling "cutting-edge."
By AP on October 22, 2008
If it gets the nod from enough territorial MLAs, the Yukon's new Corrections Act would put a special emphasis on services for first nations people which the act's creators are calling "cutting-edge."
"This new act will put Yukon on the leading edge of corrections practice in the country," Justice Minister Marian Horne said in a prepared statement last week.
The sentiment was echoed by Dan Cable, a Justice department policy-maker. He said the draft act was developed through consultations with the public, with individual first nations and through comparison to other new corrections acts from across the country.
"We did a cross-Canada comparison and tried to pull out all the best practices," Cable said in an interview.
"What you're seeing at the end is really a cutting-edge document."
The Yukon's document applies to offenders sentenced for up to two years less a day's incarceration.
It draws primarily from new acts created in Quebec, B.C. and Nova Scotia, Cable said, with some one-of-a-kind stipulations as well.
"As far as we can tell, the alternate dispute resolution provisions are unique," he said.
Other changes to the act would include a statement of principles, which puts the act's focus on rehabilitation and reintegration instead of imposing "restrictive measures" on offenders.
The third part of the principles is written specifically for aboriginal people. It promises that the government's corrections branch will work "in collaboration with first nations in developing and delivering correctional services and programs that incorporate the cultural heritage of Yukon first nations and address the needs of offenders who are first nations persons."
Women also receive special mention, although in much broader terms.
A guarded vouch of support came from Andy Carvill, grand chief of the Council of Yukon First Nations (CYFN), who was quick to bring up past consultations on acts which he said didn't go as well.
"We feel that so far, the consultation that has been undertaken ... is a process that is far more conducive to building relationships with first nations and CYFN and the Department of Justice than the experiences we've had in the past," Carvill said in an interview last week.
He was refering to the Children and Families Act. Its rewriting caused considerable consternation amongst first nations leaders who felt it gave too much power over aboriginal children to the government and not enough to self-governing first nations.
"We felt that one went offside in the end," he said.
The new Corrections Act, at least in its current draft form, gives a significant amount of power to first nations.
It goes so far as to state the minister of justice may pass any or all of the responsibilities under the act to any Yukon first nation, band council or society controlled by a first nations person.
This would mean that communities could hire their own probation officers or open and run their own corrections facilities.
More likely, said Carvill, it would give first nations the opportunity to develop community-based healing centres where the focus would be on reintegrating the wayward son into society rather than meting out punishments.
If non-aboriginal people or people from other first nations want to do their time at one such healing centre, Carvill said, it would be up to the first nation running the facility to welcome them in.
But all the proposed changes to the act are still up for debate, and a long way from the floor of the legislature, which will reconvene Thursday.
The Draft Corrections Act has only just been released for public comment (although it has already been through a public consultation period of several months). It is not expected to become law before October 2009.
Complete copies of the existing Corrections Act, the draft act, accompanying regulations and the consultation documents are all available at www.justice.gov.yk.ca.
The public is invited to send their comments to the department via the website or regular mail.
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