Remarks in Anishininiimowin.

It’s a good day. It’s always an honour to be able to speak on behalf of Kiiwetinoong, but also to provide a voice for First Nations.

I’d like to acknowledge OPP officer Constable Greg Pierzchala, who was shot and killed on December 27, 2022. I know that at times like this, it is a time to come together as politicians, as people, to acknowledge the issues that we face. There is always so much work to be done to address the issues at hand with respect to bail reform.

I’d also like to acknowledge the OPP officers who suffer from PTSD. A couple of days ago, I was talking to an officer on the phone. He’s on leave. He talked about suicide to me: “Can you talk about it in the House at some point, what we suffer, what we go through?” I tried texting him earlier. It’s not delivering. I hope he’s okay. Two, three years ago, I had a long chat with him as well for about a half-hour. When we hanging were up the phone, we said goodbye. I debated with myself: “Is he saying goodbye?” It took me about one hour to reach out to his partner that we had to call 911. When we say we can do better—that’s what I mean by that. So to any officers who are out there, who are suffering, who need more support because they see things that we do not see—I remember this conversation in my head: “Can you guess how many dead people I’ve seen?” I said a number—but it was way up. So I think all officers—we have to acknowledge that. Thank you for the work. There are people today who are suffering from PTSD, who are thinking about suicide. Another question he asked me was, “Do you know how many OPP officers have died by suicide?” I can’t remember the number. This was two days ago. I just wanted to share that story.

With regard to the reform of Canada’s bail system, I’m going to read part of the submission from the Nishnawbe-Aski Legal Services Corp. This is a group that represents 49 First Nations in northern Ontario. And I know we’re going back and forth about amendments, subamendments. When I, as a First Nations person—that’s your system that you guys play, whatever system that is.

Just last year, we put up the Seven Grandfather Teachings. I don’t know who started naming them the Grandfather Teachings, but the Seven Grandfather Teachings are just ways of life. As First Nations people, that’s how we grew up. When you see the wolf, it’s humility. When you see the bear, it’s bravery. When you see the raven, it’s honesty. When you see the beaver, it’s wisdom. When you see the turtle, it’s truth. When you see the buffalo, it’s respect. When you see the eagle, it’s love. Sometimes when we are here, we do not function like that. Your system does not function like that. It’s just a little reminder.

I know that sometimes in Kenora Jail, the Thunder Bay Jail—it has been a while since I visited. I visited Kenora about two years ago. I never know what to expect—but I know what to expect on my second visit. It was 98% First Nations people. Sometimes I’m really surprised at the people you know there, when you walk in there, when you walk by the cells. They’re so happy to see you—the people you know from growing up in northern Ontario. It’s the same with Thunder Bay. Thunder Bay is not in my riding, but a lot of people go there.

I remember this kid who was working out like this, just by himself in the corner. I said, “Where are you from?” and then he told me the community. I asked him, “How long have you been here?” “I just got here.” I asked him how old he was. He’d just turned 18.

About the reform of the bail system: “Accountability of individuals who cause harm needs serious consideration and must be weighed carefully against the overarching principles of access to justice, fairness and equality before the law.”

We don’t have courts in fly-in First Nations. We have fly-in courts. There are only certain times that you will have access to court.

“As such, in balancing these important principles”—I know one of the things that the Nishnawbe-Aski Legal Services Corp. has identified is areas of concern that should be reformed with the bail system, as requested by the Premiers, and I told those stories earlier, because of the disproportionate impact on First Nations people, on Indigenous people.

“Indigenous women, who comprise less than 5% of the population in Canada, represent 50% of the women locked up behind bars across the country.” It’s a fact. “Overall, Indigenous people make up 32% of the prison population while representing 5% of the Canadian population. In 2017/2018, Indigenous youth (aged 12 to 17) made up 43% of admissions to correctional services.... The situation right now as it stands in Canada’s jails and prisons can only be described as a mass incarceration of Indigenous people.

“The numbers keep rising despite the Supreme Court of Canada’s decision in R. v Gladue being released more than 20 years ago. Gladue states that a court that imposes a sentence should consider for all offenders all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders.

“Gladue principles are not limited to sentencing—they apply in all circumstances when an Indigenous person’s freedom is at risk. This includes at bail and sentencing hearings, appeals, parole hearings, mental health review board hearings, not-criminally-responsible hearings, dangerous and long-term offender hearings, and civil contempt decisions.”

Speaker, Nishnawbe Aski Nation, Nishnawbe-Aski Legal Services—“Nishnawbe” is First Nations people, people from the land. “Aski” is land. So that’s basically what it means.

“The bail stage is arguably the most important and critical moment in a criminal matter—should the accused person not be granted bail, the chances of them entering a guilty plea go up significantly. This is simply because no one would rather wait for trial in jail for months, when they are offered the option to be released on time served. In Gladue and Ipeelee, the Supreme Court recognized Indigenous people are more likely to be refused bail and that this contributes to Indigenous over-incarceration.”

I see it. We see it, we live it, in the Kenora district jail. We see it, we live it, in the Thunder Bay district jail.

We have to understand: “The criminal justice system is already imposing increased challenges on Indigenous people at the bail stage by:

“—routinely requiring sureties;

“—failing to accommodate accused persons living in remote communities;

“—imposing onerous and legally unjustified conditions;

“—requiring extensive background information about the accused, etc.

“‘Strengthening’ Canada’s bail system will disproportionately affect individuals who are already overrepresented in the criminal justice system, primarily Indigenous people, by making it less likely that they will be granted bail—hence perpetuating colonial practices.

“The impacts of the proposed bail reform are compounded by the upcoming changes to the Firearms Act through Bill C-21.”

Another thing that they talk about at Nishnawbe-Aski Legal Services is the lack of consultation with Indigenous communities and First Nations. Nishnawbe-Aski Legal Services said, “The standing committee’s hearings are being rushed in the face of growing calls for action—the adopted approach is reactive instead of deliberate. The proposed changes to the bail system will profoundly affect the rights and liberties of all Canadians, but specifically Indigenous people. Meanwhile, consultation with Indigenous communities and First Nations is lacking.” We saw that when we had 20 minutes for some of the police services whereas Indigenous police services only had seven minutes.

“Moving forward with reconciliation also means that Indigenous communities and First Nations must be included in the decision-making process, must be heard and consulted by provincial and federal governments alike, especially knowing that Indigenous people are disproportionately involved and adversely affected by the criminal justice system.”

The third thing that they talked about was the erosion of the presumption of innocence: “One of the proposed changes by the Premiers, namely to introduce a reverse onus on bail for the offence of possession of a loaded prohibited or restricted firearm in s.95 of the Criminal Code, is concerning. The presumption of innocence is the cornerstone of our criminal justice system and is entrenched in our Constitution.. This is why at bail, it is the crown’s onus to convince the court to detain an accused person pending trial. A reverse onus is and must remain an exception to the rule. Increasing the reach and the reliance on the reverse onus in the Criminal Code, thus putting the burden on the accused person to convince the court that they should be released, further erodes the presumption of innocence and weakens our overall justice system.”

There was a written submission from the Canadian Mental Health Association: “The justice system is often the first point of access for individuals to receive any type of mental health and addictions services.” That quote reminded me of the people without homes in Sioux Lookout. I don’t know if any of you have ever campaigned with people without homes. You should try it sometime; you’d learn lots. In the wintertime, that’s exactly what people do—they go to Kenora because they get fed and they have a bed. They get better services in jail rather than being free and walking around without a home in these towns.

Remarks in Anishininiimowin. I am very honoured to be able to be able to speak today. Remarks in Anishininiimowin. That’s all I have for now. Meegwetch. Thank you.