The Council of Yukon First Nations (CYFN) is applauding the recommendations made in an inspection report on the Whitehorse Correctional Centre (WCC) released to the public earlier this week.

The CYFN says it’s “excited” to review them and work with the territorial government.

That’s according to Shadelle Chambers, the CYFN’s executive director, who was on hand Wednesday afternoon for a technical briefing to media.

While the suggestions made in inspector David Loukidelis’ report may have been categorized to those involving First Nations, she explained, most of them being carried out could still have positive effects for all inmates admitted to the centre.

“Although Mr. Loukidelis has specific recommendations to First Nations, we believe that First Nations are to be impacted on almost all of these recommendations just because of that overrepresentation,” Chambers said.

One such suggestion (1) is the creation of an on-site mental wellness co-ordinator position, which is listed as accepted and was connected to a recent systemic agreement with the Yukon Human Rights Commission.

As Loukidelis’ report points out, inmates of all backgrounds can experience mental wellness challenges, but First Nations individuals at the centre in particular were “deeply affected by intergenerational trauma of residential schools and other adverse experiences.”

That could affect more than half of the centre’s inmates: as of March 2018, First Nations inmates made up about 62 per cent of all admissions while accounting for about 23 per cent of Yukon residents – something that Loukidelis wrote is “striking.”

Still, Chambers acknowledged that it could be difficult to tackle every single case of a First Nation inmate with mental health concerns.

“It can be challenging to address every individual clients’ needs,” she said, noting that can include those living with FASD, addictions or other illnesses. But she remained hopeful that the report points to more “community grassroots approach to healing.”

Actions to allow for that kind of healing are listed as “current work” by the department under a suggestion (10) that suggests the centre should allow those who wish to, to spend time outdoors in the yard of the centre rather than their unit’s fresh air yard (under supervision).

The department notes a healing circle policy was created and took effect April 19. It’s considering how best to prevent things like the transfer of contrabands during this outdoor time.

Loukidelis further suggested looking at employing unused space at the WCC to provide programs like smudging and sweat facilities (33b), to which the department said it’s under consideration as it examines the current space and needs.

His report states that while the centre does offer arts and craft programs, “there are insufficient spiritual and cultural programs and supports.”

Some of the facility’s space could be used for this, as well as granting areas to elders visiting the centre who are delivering “confidential spiritual care,” Loukidelis wrote. This can include indoor and outdoor space for traditional ceremonies and spiritual activities.

Another (7b) suggests the government consider the need for residential healing and treatment facilities in the Yukon, as a number of First Nations have shown interest in creating “on the land” healing options like Jackson Lake, which is run by Kwanlin Dün First Nation.

It provides culturally-based programs for those with issues linked to substance abuse, and is funded in part by the territorial and federal governments.

The suggestion to look at the need for additional residential healing and treatment facilities like it is listed as under consideration by the department.

Acknowledging that places like Jackson exist, Chambers said there’s a need to “understand why there is a bit of a barrier in terms of why current WCC inmates cannot attend that.

“But also ensure that First Nations have the capacity and are prepared to take on individuals with certain risk assessment pieces.” She also pointed out that upcoming Yukon Forums later this year will discuss the recommendations and ways forward.

“Under that action plan (of the forum) there is one item that speaks to ... priority areas,” she said, adding that “correction is one of the priority areas that we have identified.

“Yukon First Nations are looking for the opportunity to be involved in the implementation and oversight for this work and really ensure that our recommendations, our findings and our advice are incorporated into that.”

Part of that advice could stem from a report that the council conducted earlier this year with lawyer Jennie Cunningham. While Chambers said that paper had not been made public, she indicated it will be drawn and referenced upon as work begins on the suggestions of Loukidelis’ report.

One of those recommendations (28) suggests creating a full-time liaison officer position for the centre, which documents listed as accepted as the job description was completed last year then amended (recruitment is the next step).

The creation of this position will help meet another suggestion (29) which directs the WCC’s superintendent work with the officer to report on the progress of these suggestions (also listed as accepted and complete once the position is filled).

Of the 42 recommendations made (two are broken into subcategories), the council is listed as a “secondary lead” on nine, while First Nations governments are listed in 10.

Among Loukidelis’ other suggestions to specifically address First Nations are:

• a community advisory board be given clear direction to review and recommend on the centre’s operations and services (30);

• the centre continue to welcome elders who visit the centre and allow them to do so as often as needed (32); and

• staff and particularly correctional officers receive adequate training in First Nations matters (34);

The suggestion involving the community advisory board notes that setting up a new First Nations advisory board for the centre, or at least enhancing representation on the existing board, would be helpful in the overall goal.

The department notes that the Corrections Act allows for this, and there may be no need to create a new board as a section of the act (44.2) mentions that a minimum of two members on the board be of First Nations ancestry.

Chambers also noted that the visitation of elders to the centre is vital.

“If we have an elder advisory group, what are they used for, are they used as appropriate pieces, are they able to have interaction with clients to ensure there’s spiritual and cultural advice being given in appropriate ways?” Chambers asked.

Loukidelis agreed this could help, adding that there is “very dedicated group who are going there – more of that would be better.”

Chambers also noted that efforts to welcome back inmates into the greater community could be improved.

“Reintegration is a huge gap right now because many of these people will continue to go back into the community,” she said, as a department official pointed out that all inmates in fact would return.

Loukidelis agreed, noting that improving reintegration supports by working not only within the centre but with outside community partners as well could result in less harsh conditions in the centre.

“You’ll see a much less need for extreme disciplinary measures like separate confinement” if mental wellness and addictions services were enhanced and provided with more resources/funding, he said Wednesday.

Al Lucier, the assistant deputy minister with the department, acknowledged that is part of the “culture shift” that is needed in ensuring confinement is used as a last resort on a limited basis.

His comments come after years of coverage of Nehass’ case, which showed the schizophrenic Tahltan man spent much of his time at the centre in confinement.

Loukidelis’ recommendation that mental illness not be a reason to place somebody in any form of confinement was accepted, with the department saying that this is “current practice,” but it will change language in policy to make it more explicit.

As for a limitation on the number of days and hours one should spend in confinement, Lucier said that “the placement of a finite number of days becomes difficult to manage” for the department, especially because there is only one facility in the territory that is available for incarcerated individuals.

Plus, he continued, confinement may be better thought to be a state of incarceration rather than a physical location within a centre.

When asked if he thought confinement was being used inappropriately in the facility, Lucier said that “across Canada in all jurisdictions, the use of separate confinement is one that’s been under question.”

Overall, Chambers said she remained hopeful of the suggested reforms, as they showed a need to include First Nations groups and governments in the process – something especially important, as the majority of the inmates at WCC are First Nation.

“To date, has that really been done in a meaningful way? I’d say no.

“But we do have a commitment and a path forward to ensure that First Nations are more involved,” she added.

The government will now put in place a working group over the coming months to look at carrying out the suggestions.

See editorial this website.