Law Times

Law Times • February 29, 2016 Page 3 www.lawtimesnews.com NEWS Administrative offences create 'vicious cycle' for offenders Justice minister questions definition of criminal offence BY ELIZABETH THOMPSON For Law Times O TTAWA — Federal Justice Minister Jody W i l s o n - R a y b o u l d says it is time to re- think what constitutes a criminal offence in Canada. Speaking to the Canadian Bar Association's mid-winter meeting of council, Wilson- Raybould said some adminis- trative justice offences, such as failure to appear for a court ap- pearance, are bogging down the courts and creating a "vicious cycle" for some offenders. "We need to rethink what we define as a criminal offence while remaining vigilant to those of- fences that are serious in nature to ensure that resources are dedi- cated to the right things," she says. Raybould, who cut her teeth as a lawyer at the Main Street courthouse in Vancouver's no- torious Downtown Eastside, de- scribed how offenders often get caught up in Canada's criminal court system. "The story is all too familiar to me as a former crown prosecu- tor. A young person, all too often an indigenous male, commits a non-violent property crime, comes into contact with the justice system, and never really leaves. He gets caught in a vicious cycle of court appearances, court orders, breaches of court orders, and return to custody," said Wilson-Raybould. "Soon, the young person is spending more time behind bars than in his community and has little hope of breaking the cycle." Currently, Canada's criminal justice system "devotes most of its resources" to dealing with ad- ministration of justice offences, Wilson-Raybould pointed out. "These offenders comprise a large volume of cases in our adult criminal courts. In 2009, they ac- counted for 21 per cent of all cases and cost taxpayers an estimated $729 million," she said. "Most in- volved chronic offenders — both indigenous and non-indigenous — caught up in the vicious cycle I described a moment ago." Wilson-Raybould said it's also important to understand the underlying issues that bring people in contact with the crimi- nal justice system. "The truth is that many of- fenders have some combination of mental illness and addiction," she said. "Up to 80 per cent of fed- eral offenders have past or cur- rent substance abuse issues. Some studies indicate that two thirds of all crimes are committed under the inf luence of drugs or alcohol." Those most likely to get caught up in the cycle of court appearances and incarceration are often those who need the most help, she added. "Our criminal justice system seems to impact the more vul- nerable segments of our popula- tion more than others. For exam- ple, we know that our criminal justice system affects indigenous peoples in a shockingly dispro- portionate way," she said. "They are far more likely than other Canadians to be arrested, pros- ecuted, and incarcerated." Wilson-Raybould, who has been tasked by Prime Minister Justin Trudeau with modernizing Canada's justice system to make it more efficient and effective, challenged lawyers attending the meeting to rethink the way Can- ada administers criminal justice. "Imagine if we could change the system to better align it with the needs of all Canadians. What if an offender's first interaction with the criminal justice system did not become the first in a series?" she said. "What if it trig- gered mechanisms designed to address the factors that inspired the criminal behaviour in the first place?" Rethinking how the criminal justice system works would also allow lawyers and the courts to shift their focus, said Wilson- Raybould. "It will only be through care- ful examination and retrospec- tion that we will be able to recali- brate the efforts and the resourc- es of the criminal justice system on those crimes that are serious in nature," she said. "This is where we will have the biggest impact and produce the greatest results for Canadians." Wilson-Raybould, who re- cently returned from a meet- ing in Washington of ministers from Five Eyes countries (Cana- da, the United States, the United Kingdom, Australia, and New Zealand), which discussed sub- jects such as counter-terrorism and cybersecurity, said Canada's criminal justice system also has to adapt to the emerging threat of cybercrime. "More and more, new and emerging trends in the criminal justice system involve cyber- related crimes. Technology has created new opportunities for criminals, and statistics suggest that cybercrime is increasing in Canada," she said. "Between 2011 and 2013, the RCMP saw report- ed instances of cybercrime in- crease by more than 40 per cent. Incredibly, some 1.75 million Canadians reported that they had been cyberbullied, but only seven per cent of victims have reported the incident to police." When she was sworn in as Canada's justice minister and attorney general in November, Wilson-Raybould was handed a mandate letter with an ambitious list of tasks to accomplish — in- cluding a review of the federal government's litigation strategy. That's well underway, she told members of the CBA. "As part of this review, I have al- ready either discontinued appeals or am reconsidering the crown's position in many cases," she said. For example, the government has already dropped its appeals on thorny questions such as niqabs at citizenship ceremo- nies, health care for refugees, and the bail conditions set for Omar Khadr, a Canadian convicted of murder by the United States for throwing a grenade at a U.S. soldier at age 15 during a firefight in Afghanistan. Wilson-Raybould is also re- thinking the crown's position on a number of cases that pit the federal government against Canada's First Nations — part of the Trudeau government's goal of fostering reconciliation with indigenous Canadians. "As part of my mandate to re- view the litigation strategy, I have instructed my officials to seek additional time on a number of key indigenous cases in order that the crown can reassess its position," she said. Wilson-Raybould was greet- ed with applause when she con- firmed that she wouldn't seek judicial review of a landmark human rights tribunal rul- ing that found that children on reserves were suffering discrimi- nation when it came to child welfare services. "This is part of the new rela- tionship and necessary in terms of the spirit of reconciliation. While we cannot change history, we can address it, learn from it, move for- ward, and lay the foundation for a better future," she said. "We must ensure that indig- enous peoples are able to realize their full potential, to contribute fully to their communities, to the economy, and to society as a whole." LT Prime Minister Justin Trudeau has tasked Federal Justice Minister Jody Wilson-Raybould with modernizing Canada's justice system. Photo: Blair Gable courtesy of the CBA it's back 2016 CANADIAN LAWYER'S LEGAL FEES SURVEY Complete the survey online at canadianlawyermag.com/surveys then check out the results in the June issue to see how your fees compare across multiple practice areas. Survey closes March 28 Watch for the results in the June issue! Untitled-1 1 2016-02-24 9:15 AM The truth is that many offenders have some combination of mental illness and addiction. Jody Wilson-Raybould

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