Criminal defence law in the North: Part two.

• Author: Davison, Charles
• Position: Column

In my last column I briefly sketched out some aspects of substantive criminal law as it is enforced and applied in the Northwest Territories. I want in this contribution to comment upon some underlying factors which, at least sometimes, lead to criminal conduct, as well as aspects of sentencing.

At the end of my last piece I noted that the courts now recognize and accept that Canadian historical efforts to subjugate aboriginal citizens and communities have led to the present situation, where the incidence of poverty, family violence, substance abuse and other social challenges are higher among First Nations Canadians than others.

Problems which frequently play a role in criminal misconduct are not addressed as quickly or easily in the North as would be the case in a southern location. Social services, family support, mental health and similar programs are far more difficult to access in the Northwest Territories compared to the situation in a southern province. Of course, nothing in what I have written in this or my earlier column should lead to the conclusion that all northerners are alcoholics or criminals or wounded and lost individuals. It is well-known that the incidence of suicide is higher among aboriginal Canadians than other groups, and the problem is even more acute in the North. Individuals who have lost loved ones to suicide or through other tragedies, such as drownings or hunting mishaps (I have acted for persons who have lost two or three family members who sometimes simply never returned from hunting trips out on the Arctic ice) are often left to grieve without counseling or support programs and this too sometimes leads to anger and criminal misconduct as the individual attempts to find outlets for pent up emotions and feelings of tremendous loss.

Unfortunately, economics being what they are, treatment options for northern Canadians are very limited. In 2013, the only residential treatment facility for substance addictions in the Northwest Territories (located at Hay River) was closed by the government in favour, it said, of treatment programs which would be more locally based in communities. The government says it will focus on treatment regimes which are closer to traditional ways, and which will include components such as going on the land and engaging in other cultural practices in order to address and heal addictions and their underlying causes. In the meantime, citizens of the Northwest Territories now have to go to...