March 8, 2017

TO: Members of the 18th Legislative Assembly

RE: STANDING COMMITTEE ON RULES AND PROCEDURES

YOU ARE STANDING FOR YOUR PEOPLE:
REPORT ON THE REVIEW OF MEMBERS CONDUCT GUIDELINES

On February 28, 2017, the Standing Committee on Rules and Procedure released You Are Standing for
Your People: Report on the Review of Members Conduct Guidelines. It is our understanding that this
report will be debated during Committee of the Whole on Thursday, March 9, 2017, and we submit
this letter in advance of that debate to urge you to consider our concerns regarding the spurious logic
used in this report.
The committee put forwards a recommendation for a five-year limit on eligibility for candidacy for
anyone convicted of an offence of violence or threats of violence under the Criminal Code of Canada
and who has not received a pardon or record suspension. The Yellowknife Womens Society is
opposed to this ban both because it is unconstitutional and because it discriminates against an
already stigmatized population.
The report is unclear as to how this recommendation fits under Canadas Charter of Rights and
Freedoms. The committee accepts that the proposal must pass legal muster as a justifiable limit on
an individuals Charter right but fails to describe the justification for implementing a restriction on
an individual on the basis of conviction under the Criminal Code of Canada. Major offenses currently
listed in the Elections and Plebiscites Act all relate directly to an attempt to unfairly influence the
democratic process of elections. The ban will serve to make decisions about options for political
representation that should instead be decided by the voters living in the communities. It is integral to
our democracy that everyone has a right to run for election and everyone has a right to vote. In our
opinion, displeasure at voter selection of a specific person or person(s) is not a valid reason to restrict
one of our foremost democratic freedoms.
The committee report claimed the ban does not discriminate against anyone on the basis of
ethnicity. This conclusion is flawed and appears to have been reached through a biased and selective
review, seeking to prove a pre-determined outcome. The committee appears to have omitted key
information and evidence that did not suit their established narrative.
 2

While the committee accepted that a disproportionate number of offenders in the NWT are of
Indigenous descent, racial bias in the justice system was dismissed as allegations. On the contrary,
there is copious evidence of systemic bias against Aboriginal people in corrections in Canada. Across
Canada, Indigenous people are 3% of the general population and 25% of admissions to correctional
services. Aboriginal people are also over-represented by population in the territories.1 Trends show
that Aboriginal offenders enter custody younger than non-Aboriginal offenders, tend to serve a
higher proportion of their sentences before being released on parole, and overall the proportion of
Aboriginal peoples incarcerated in Canada in increasing. 2
In our original submission, we referenced Aboriginal Offenders A Critical Situation, which
summarizes the gaps between Aboriginal and non-Aboriginal offenders and outlines the high and
growing incarceration rates for Aboriginal peoples. Additionally, the link between the high rate of
incarceration and the systemic discrimination and intergenerational loss, violence and trauma are
discussed.3 The recognition of racial bias is identified as fact. The onus is put squarely on the
shoulders of decision makers to take into account this history when liberty interests of an Aboriginal
offender are at stake. We provided this reference as a starting point to the committee - ample
statistics and data further show evidence of system-wide racial bias targeting Indigenous people. It is
irresponsible for the committee to dismiss these data as allegations.
The committee claimed, no presenter at the Committees hearings provided evidence showing that
rates of domestic violence convictions are disproportionately higher among individuals of any
ethnicity. The committee accepts both that a disproportionate number of offenders in the NWT are
of Indigenous descent and the rates of family violence related offences are significantly higher than
other jurisdictions, but fails to do any further research to investigate if there is a higher proportion of
Indigenous offenders and victims in family violence related offences than non-Indigenous.
The lack of investigation into the disproportionate representation by Indigenous peoples as offenders
by the committee before putting forward the proposed ban is extremely disappointing. First Nations,
Inuit and Metis people grapple with the intergenerational fallout from colonial systems that approach
the world from a punitive, disempowering and dehumanizing framework. To suggest otherwise in a
Northern context exhibits an astonishing level of colour-blindness that serves to entrench rather than
eradicate racism and discrimination. In a colour-blind society, white people, who are unlikely to
experience disadvantages due to race, can effectively ignore racism, justify the status quo, and
maintain their relatively privileged standing in society. As such colour-blindness contributes to a
society that denies the negative racial experiences of Indigenous Peoples, rejects their cultural
heritage, and invalidates their unique perspectives and solutions they bring to the table.

1
Statistics Canada (last modified March 2016). Adult correctional statistics in Canada, 2014/2015 Available online:
http://www.statcan.gc.ca/pub/85-002-x/2016001/article/14318-eng.htm Accessed March 2017
2
Public Safety Canada April 2015. 2014 Annual Report Corrections and Conditional Release Statistical Overview. Available
online: https://s3.amazonaws.com/s3.documentcloud.org/documents/2110762/ps-sp-1483284-v1-corrections-and-
conditional.pdf Accessed March 2017
3
Government of Canada (last modified September 2013). Aboriginal Offenders A Critical Situation. Available online:
http://www.oci-bec.gc.ca/cnt/rpt/oth-aut/oth-aut20121022info-eng.aspx Accessed March 2017
 3

Last summer, all MLAs took Gender-Based Analysis+ (GBA+) training. The key tenet of GBA+ analysis
is the assessment of the potential impacts of policies, programs, services and other initiatives, giving
consideration to intersecting identity factors such as gender, income, sexual orientation, language,
age, education, ethnicity, ability, and culture. 4 Consideration of these intersecting identity factors
during policy development and implementation is critical to preventing disproportionate impacts on
already marginalized or vulnerable groups. We strongly encourage the MLAs to use what they
learned to consider all recommended changes to policy, including the Guidelines, using a GBA+ lens.
Our submission suggested the committee consider if a proposed ban would be disproportionately
punitive to Indigenous people in the NWT. However, we did not conduct a thorough review of the
literature as we are not of the opinion our role is to complete this level of review on behalf of the
committee. It is the responsibility of the committee to respectfully seek out consultation with those
who are or will be affected by policy and to conduct comprehensive research to inform their
recommendations. Our expectation was that the committee would, at minimum, access free and
publicly available information as well as follow up on what was heard during the consultation
process. However, the committee did not, and we provide references for your review, which again,
are free and available online.
A simple Google search and brings up Statistics Canadas 2014 General Social Survey that reveals,
Aboriginal people (9%) were more than twice as likely as non-Aboriginal people (4%) to report
experiencing spousal violence in the previous five years. In particular, Aboriginal women (10%) were
more likely to be victimized by current or former partners, compared with non-Aboriginal women
(3%). Aboriginal people more often reported having experienced abuse as children, a factor that may
be associated with spousal victimization later in life. In 2014, 40% of those who identified as an
Aboriginal person indicated that they had been either sexually abused, physically abused, or both
sexually and physically abused as children, compared with 29% of non-Aboriginal persons. 5
Further, the Statistics Canadas 2004 General Social Survey on Victimization found that 19% of all
Aboriginal people in the territories experienced some form of physical or sexual violence by a current
or previous spouse, in comparison to 8% among non-Aboriginal territorial residents over the same
five-year period. Understanding Family Violence and Sexual Assault in the Territories, First Nations,
Inuit and Mtis People, a federal Department of Justice report from 2008 including research
completed using Crown Prosecutor files, showed 77% of those accused in family violence offences
had experienced at least one form of violent abuse in their history, indicating an offenders personal
history of victimization was a factor in understanding the dynamics of violent offences.6

4
Status of Women Canada (last modified May 13, 2016). Gender-Based Analysis Plus. Available online: http://www.swc-
cfc.gc.ca/gba-acs/index-en.html Accessed March 2017
5
Statistics Canada (last modified January 2016). Family violence in Canada: A statistical profile, 2014. Available online:
http://www.statcan.gc.ca/daily-quotidien/160121/dq160121b-eng.htm Accessed March 2017
6
Paletta, A. 2008. Understanding Family Violence and Sexual Assault in the Territories, First Nations, Inuit and Mtis
Peoples. Available online: http://www.justice.gc.ca/eng/rp-pr/aj-ja/rr08_1/rr08_1.pdf
 4

The committee ignores the fact that women, too, are charged with offences related to family violence.
Incarceration rates in Canada are increasing for Indigenous women, while decreasing for non-
Indigenous women.1 In 2008/2009 Aboriginal women accounted for 89%, 93% and 98% of admissions
of women to custody in Yukon, Nunavut and the Northwest Territories.7 The Aboriginal Corrections
Policy unit of Public Safety Canada has even published a recent report specifically on Aboriginal
women and their experience in the federal corrections system. 8 The committees report
acknowledges that women are already a minority both in running for and in holding territorial office.
This additional barrier not only disadvantages women, but disproportionately impacts Indigenous
women who seek leadership roles.
Given these statistics, along with the history and impact of violent victimization experienced through
the residential schools, we cannot fathom how the committee could recommend this ban, which
would be disproportionately punitive against an already marginalized population.
The committee states three-quarters of all incidents of domestic violence are not reported. The
Canadian Centre for Justice Statistics released a report in January 2016 stating the most common
reason for reporting violence to the police was to stop the violence, while the least was a desire for
their partner to be arrested or punished.9 We hear this from victims of family violence; they want
help for their partners, not incarceration. The committee points out the significant gaps in addressing
family violence through the legal system, and that only a minority of perpetrators come to the
attention of police; fewer still are ever convicted. However, the committee then uses convictions
through the legal system as their sole basis for the ban.

This ban will further punish individuals who have already served their time for their offenses, while
doing nothing to prevent the majority of perpetrators, those not having been charged, or if charged,
not having been convicted, from holding positions of power in our government. We would prefer to
see individuals who have taken responsibility for violence in their past, done the work to heal, and
become role models in their communities, in leadership roles, rather than individuals who have
simply been more effective at keeping their partners silent.

We agree with the committee that a powerful message needs to be sent showing that violence in all
forms is unacceptable and must be eradicated. We do not believe this recommendation is an
effective way to address this issue. There is substantial evidence to contradict the utility of the
recommendation put forward by the committee. We strongly believe time and resources would be
better directed to developing, supporting and funding programming to truly address family violence
in the NWT.
The committee recognizes that healing has not occurred in the north, for multiple reasons, including
rapid changes in northern cultures, the historically transient nature of much of the non-Aboriginal
population, lack of jobs in many communities, poor housing and low educational achievement.

7
Statistics Canada (last modified November 2015). Women and the Criminal Justice System. Available online:
http://www.statcan.gc.ca/pub/89-503-x/2010001/article/11416-eng.htm Accessed March 2017
8
Public Safety Canada, Aboriginal Corrections Policy Unit. 2012. Marginalized: The Aboriginal Womens experience in
Federal Corrections. Available online https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/mrgnlzd/index-en.aspx
9
Canadian Centre for Justice Statistics. January 2016. Family violence in Canada: A statistical profile, 2014. Available
online: http://www.statcan.gc.ca/pub/85-002-x/2016001/article/14303-eng.pdf Accessed March 2017
 5

Notably missing is the acknowledgement that healing has been held back because it has not been
made a priority.
However, that is changing. The Truth and Reconciliation Commission of Canada call to action #31
states:
We call upon the federal, provincial, and territorial governments to provide sufficient and stable
funding to implement and evaluate community sanctions that will provide realistic alternatives to
imprisonment for Aboriginal offenders and respond to the underlying causes of offending. 10
The MLAs identified the following initiatives in their Priorities and Mandate document related to
community wellness and safety:

Addressing mental health and addictions by ensuring that services are delivered locally with
culturally-appropriate methods;
Fostering healthy families through wellness, prevention, and improved nutrition;
Taking action on the crisis of family and community violence;
Creating opportunities for healthy lifestyles and community leadership for our youth.

The MLAs can show their commitment to healing in the NWT by carrying out these initiatives. If the
Legislative Assembly truly wants to send a message that family violence is unacceptable, they can do
so by devoting resources to ending the cycles of violence in our northern communities. We need
investment in community-based treatment for both men and women who use violence in their family
and community relationships throughout the Northwest Territories. Self-referral options must be
available so individuals can seek help before incarceration. Families need programs to help them heal
from the violence in their lives, so children who witness violence can learn how to be adults who do
not enact it.

Sincerely,

Anusa Sivalingam, Board Chair Bree Denning, Executive Director

Yellowknife Womens Society Yellowknife Womens Society

10
Truth and Reconciliation Commission of Canada. 2015. Truth and Reconciliation Commission of Canada: Calls to Action.
Available online: http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf Accessed
March 2017