Hon. Vic Toews (Minister of Justice and Attorney General): Yes, I do. Just on a matter of clarification or a point of order, am I allowed 60 minutes then? [interjection] I believe I will have enough material to speak for 60 minutes.
On behalf of Manitoba Justice, it is my pleasure to present the department's Estimates of Expenditure for the fiscal year 1998 to 1999 to this committee.
My department administers a system of justice that is committed to promoting a safe, just and peaceful society based on democratic principles, the law and respect for rights and freedoms.
Just on another point, is my staff entitled to come here now or after the opening?
The Acting Chairperson (Mr. Tweed): Staff will be invited up after the minister's presentation.
Mr. Toews: Thank you. I was at the law and respect for rights and freedoms.
It is a very broad responsibility requiring us to deliver a diverse range of services and programs to ensure all Manitobans have an open, accessible system of justice that treats everyone fairly.
The activities of Manitoba Justice are also a key component in our government's endeavours to work in partnership with Manitobans to improve the quality of life in all communities.
To meet these many responsibilities to the people of Manitoba, Justice expenditures will be increased by $11.5 million in this fiscal year, and an additional 54 full-time equivalent positions will be added to our staffing component. The Department of Government Services has also earmarked almost $8.4 million to continue the process of upgrading Manitoba's correctional institutions in the upcoming year.
The increase in monies and staff will assist the department to enhance public safety in Manitoba. These additional resources will be spread over a range of program areas, including increases for the RCMP, domestic violence, providing comprehensive support and services for victims, enhancement of corrections services, improved court security and services, and modernization of the department's administrative infrastructure.
Last year, I informed this committee that the RCMP had been authorized to proceed with a major upgrade to their telecommunications network within the province. This upgrade will provide centralized dispatching, eliminate areas of poor radio reception and by using new technology, prevent eavesdropping on police communications. This initiative will improve response times in rural Manitoba, provide more reliable radio links for RCMP members in the field and will reduce the opportunity for criminals to evade apprehension by monitoring police radio transmissions. I have been advised that the new system is expected to be implemented across southern Manitoba by the end of 1998 and that expansion into northern Manitoba should be completed during 1999.
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We are also supporting other RCMP modernization activities such as replacing older breathalyzer units and installing closed-circuit television cameras in police vehicles. Many police agencies across North America have proven that video records provide invaluable evidence in criminal matters by recording the actions and demeanour of the accused and documenting the circumstances of an arrest.
Mr. Chairperson in the Chair
Manitoba Justice has provided the Canadian police research centre with funding to facilitate forensic entomology research in Manitoba. Forensic entomology is the most reliable method for determining time of death after 72 hours or more have elapsed, but its use requires establishment of a database of information specific to Manitoba.
On the recommendation of Manitoba police forces, we have used over $50,000 in recoveries under proceeds of crime legislation to co-ordinate and input data into the Violent Crime Linkage Analysis System commonly called VCLAS. This computer-assisted tracking system helps to identify crimes of violence committed by serial offenders locally, provincially, nationally, or even internationally. Specialists perform in-depth analysis of various factors such as victimology, suspect description, forensic information, modus operandi, and behaviours to detect cases which may be linked to the same offender. VCLAS is a powerful tool for quickly tracking and apprehending serial offenders including those who commit crimes in more than one jurisdiction.
We are continuing our support to the Winnipeg Police Service. In the past year approximately $30,000 in grants were provided to assist with police officer training and establishing a curfew registry for young offenders. In addition to this funding, Manitoba Justice will continue to provide $2 million per year to fund 40 additional Winnipeg police officers. The Chief of Winnipeg Police Service, in his annual report to the province, indicated that eight of these officers are deployed to the street gang unit. Twenty are assigned to neighbourhood street patrol and the remaining 12 are deployed to the community service centres.
The government also continues to fund the RCMP Auxiliary Constable Program which allows 140 citizen volunteers to accompany RCMP officers in the performance of their duties. The insight gained assists communities to establish a more effective partnership with their police service. Dealing effectively with crime requires the involvement and support of all levels of government, community organizations, and of individual members,
The principle of community involvement underlies many existing Justice programs and is a key factor in most of the new initiatives the department is implementing or developing for the future. With a growing number of volunteers, community groups and agencies providing crime prevention and related activities in Manitoba, we now need to establish a central co-ordination for receiving and distributing information. Therefore, additional staffing has been provided in these Estimates to the Public Safety Branch to fill this important role.
A recent example of the value of central co-ordination is the development of the Citizens on Patrol concept. It started as a groundswell at the community level, has expanded community by community across rural Manitoba, and is now into the city of Winnipeg. In every community, the establishment of Citizens on Patrol programs have resulted in drastic crime reduction. I know the Minister of Labour (Mr. Gilleshammer) in his area is well familiar with the very good job that citizens on patrol groups are doing in his community. I understand that in his area there is at least one in Sandy Lake, another in Erickson, another in Neepawa and in Minnedosa. One can track the success of these groups in the Minister of Labour's area simply by looking at the newspaper reports. This tremendous input of volunteers in his communities is certainly making a difference, a positive difference, in those communities, assisting the police and reducing crime. I know the Minister of Labour has been specifically concerned about these projects and has been a strong proponent of them, and I want to thank him for allowing the Justice department to establish these partnerships in his area specifically.
I know the member for Turtle Mountain (Mr. Tweed) as well has other Citizens on Patrol programs. I had occasion to meet with one such group from Baldur, Manitoba. Again, the member for Turtle Mountain advises me that these citizens are doing a tremendous service to their community in assisting the police and, indeed, keeping their community safer.
Now, I specifically indicate these two members because they are here at this committee and I want to thank them for their assistance.
Provincial support is provided in these organizations out of crime prevention funds to assist with start-up costs such as signage, cellular telephones and flashlights; a simple step but one having a very significant impact. Central co-ordination will promote the success of these agencies across the province, showing concerned citizens how they should be involved at the community level to reduce crime.
The Public Safety branch will monitor crime trends and major crime activities to plan, develop and co-ordinate crime prevention strategies for both urban and rural organizations. They will also co-ordinate community access to the funding recently announced by the federal government under the Safer Communities Strategy.
Through the Urban Safety program of the Winnipeg Development Agreement, the government has supported establishment of urban sports camps. One camp is already operational, and it is anticipated that another one will be operational shortly, and another site will be operational, as well, in 1998, for a total of three sites.
The first site at Turtle Island Community Centre in north Winnipeg has attracted 1,100 individual youth per month. They participate in a variety of programs including sports, arts and crafts and cultural teachings. We are confident that these positive activities will make a favourable long-term impact on the development of the youth in this area.
Other Urban Safety program projects, such as the Downtown BIZ Patrol and the CounterAction program of the Winnipeg Police Service, show that service providers, given an opportunity to be innovative, can produce very positive results.
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The Prairie Research Associates' study of victims services provided 15 recommendations to steer future delivery of victims services in the province. Perhaps I should read all 15 of those recommendations, and I know one of my staff will provide those recommendations to me before the end of my speech, so I can read those into the record if I do not have them in the speech here.
In addition, last summer's report by Justice Schulman on the deaths of Rhonda and Roy Lavoie provided a total of 91 recommendations on family violence, including nine recommendations on the Women's Advocacy Program. Again, if I have an opportunity in my opening statement later on, I would like to refer to those recommendations and some of the progress we have made in that respect. I believe I will be getting on to it shortly, but I do need to discuss in some detail those recommendations.
To address these recommendations in the Lavoie report, the government has introduced new victims legislation, an act to provide more comprehensive civil remedies for stalking and domestic violence situations. We have set up a Lavoie report implementation committee to monitor progress on addressing Justice Schulman's recommendations. To implement those under the department's jurisdiction, we have provided 24 full-time staff and $1.2 million in increased resources. Some notable measures already implemented include the addition of four Crowns to the Family Violence prosecutions unit and the purchase of cameras for Winnipeg Police Service officers to videotape victims statements in serious or historically violent situations. The domestic violence information line is now operational to provide victims with current information on the release conditions of the offender.
We will improve services to victims of domestic violence through the addition of resources to the Women's Advocacy Program. Areas of Manitoba not currently receiving any victims services will benefit from the expansion of police-based victims services programs funded by an increase in victims services grants.
The department will not only have greater capacity to grant funds for victim services but will establish and develop training manuals and courses for volunteers and victim service providers.
The department continues to fund services to older victims through Age and Opportunity. We are continuing to support restorative justice programs within Winnipeg and Brandon which attempt to find suitable resolutions to specific concerns of victims. Ongoing support is also provided for the victim-offender mediation program. Operated by Mediation Services, this program is recognized as one of the leading programs in North America.
The Association for Community Living received funding during 1997-1998 fiscal year to examine how vulnerable persons can better proceed through the justice system. The Public Safety Branch participated in a survey of all service providers so the association could get a better grasp of how their clients deal with the justice system. The Victims First cellular program, in effect for approximately one year now, has proven to be a valuable tool for victims of stalking or domestic violence. This program provides a special, free cellular phone to victims which connects them directly to the city's 911 emergency centre if they are threatened. Manitoba was the first jurisdiction in Canada to implement this program, and it has now been emulated by Ontario and British Columbia. We have also had several inquiries from other provinces for our protocol on the development of this unique program.
One of the Prairie Research recommendations was to amalgamate the criminal injuries program into the Department of Justice. Under proposed legislation, we will amalgamate all victim services programs under one branch enabling easier access by victims throughout the province. To facilitate this process, in February of 1998 the Criminal Injuries Compensation offices were physically relocated to the Woodsworth Building. We are changing the focus of criminal injuries compensation from a social safety net program to a short-term crisis initiative consistent with the recommendations of the Prairie Research Associates.
As victim services expand across the province, this program will provide victims of crime, regardless of their location, with more timely, efficient, and equitable access to the compensation due to them.
The federal government of Canada recently announced the proclamation of the new federal act, Bill C-68, will occur on October 1, 1998. This has resulted in final negotiations being conducted with the federal government for the transfer of the firearms program to federal authority. It is this government's position that Manitoba will not designate a minister to be responsible for the Firearms Act as it will exist when C-68 is proclaimed.
This is an eventuality contemplated by Bill C-68. The effect of Manitoba not designating a minister to be responsible for the Firearms Act leaves the administration of the act with the federal Justice minister.
Although we do not agree with the registration under the Firearms Act, as we believe that it is simply bad law and bad policy, our department will work with Ottawa to provide a seamless transition of firearms responsibilities to the federal government, and to ensure that in the interim Manitobans will continue to have the opportunity to obtain firearms acquisition certificates under the legislation currently in force.
In this respect as well, I want to indicate that we will continue to work with the federal government to ensure that in terms of issues of safety the transition does not create any difficulties for the people of Manitoba. We are committed to that.
Upgrading of Manitoba correctional facilities is continuing with safety and security upgrades now completed at Headingley Correctional Institution. The first phase of renovations to the female and youth units at The Pas Correctional Institution is also finished. In the coming fiscal year, safety and security upgrading will continue at Brandon Correctional Institution, Manitoba Youth Centre and The Pas.
Citizens who may have concerns in respect of any particular institution have also been met with members of my staff, and we will continue to address any concerns that citizens may have in respect of safety and security relative to our institutions.
Institutional emergency response teams in those institutions have been re-equipped and an all-female support team has been established to deal with disturbances in female custody units. A survey tool is now in use to monitor inmate mood and is helping officials to anticipate and diffuse potentially dangerous situations. A streamlined reporting process now ensures that information on incidents is brought immediately to the attention of senior division management.
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We have tabled a new Corrections Act and are undertaking a major planning effort to develop a five-year strategic plan for the Corrections Division. This plan will include human resource and organizational components. In response to the Hughes report recommendations, a new integrated offender management computer system is being implemented to provide complete and current offender information to all division staff on an around-the-clock basis.
We will construct a 20-bed special needs unit at the Agassiz Youth Centre to provide safe, secure accommodation for in-custody youth needing corrective stabilization for short periods of time. We have also completed the design for a new 78-bed adult maximum security unit at Headingley and site preparation is expected to commence this year.
For youth preparing to re-enter the community after a period of custody and for selected youth on probation, a program of intensive 24-hour-a-day, seven-day-per-week supervision is being expanded. Piloted in 1997-1998, this initiative has proven to be effective. Young offenders subjected to this high level of monitoring and management have displayed a remarkably low rate of reoffending. A similar intensive supervision program is also being instituted for selected youth awaiting trial; $885,000 in additional funding is being provided for these two initiatives.
Child and Family Services staff are now working in partnership with Community Corrections on after-hours telephone monitoring of youths who have curfew conditions imposed as a part of their conditional sentence. A school Links program in which a partnership of seven Winnipeg child service agencies provides co-ordinated monitoring of identified high risk youth in the community is also in place.
Justice committees continue to be important partners in the effort to achieve safer communities. I want to say specifically, in respect of justice committees, of how pleased I am with their progress and their contribution to making youth more accountable in our communities. The youth justice committees, unlike our court system, I think offers a very unique opportunity for members of the community to face an offender and, more importantly, to have the offender face these community members. So often, victims simply want to know why a particular act was done. These committees, already in excess of 75--I believe there are 78 in our province now--bring 600 to 700 volunteers to this effort, and they are diverting numerous children from our regular court system. This is a remarkable achievement, it is a remarkable development, and the very low recidivism rate, in fact, demonstrates that community involvement in justice issues is necessary and effective.
On this point, I might note that Manitoba recently announced a pilot project to use this mechanism to address shortcomings in the federal Young Offenders Act. Justice committees will now accept referrals of children under 12 years of age under this proposal if the child has acknowledged guilt and if the child's parents consent to the referral. This is again addressing a shortcoming of the Young Offenders Act, and I have had opportunity to discuss this proposal with the member for Inkster (Mr. Lamoureux) who first brought the idea to my attention. The member for Inkster has worked diligently with departmental officials to ensure that the program is implemented. Although it will be started on a pilot project and that not all committees will immediately be involved in this process, we hope that the success with a certain number of these committees and this referral system will in fact lead to a further expansion.
Indeed, ultimately, it is my hope that these justice committees can also deal on a more regular basis with adults to be diverted out of the regular court system. Again, the rationale is the same. Offenders who commit offences simply do not commit those offences against a nameless corporation or a nameless victim, they commit those offences against real people living in our communities. Our communities deserve a real chance to speak with an offender, to deal with an offender on a face-to-face basis. I know that some committees have already been experimenting with the introduction of adult diversion, and I want to commend the initiative of those committees.
The department is also implementing a multifaceted initiative to reduce prostitution in the city of Winnipeg. The Corrections division, Criminal Justice division, Winnipeg Police Service and the Salvation Army are co-operating on this strategy. It includes legislative amendments to allow impoundment of vehicles used in solicitation and other prostitution-related offences. This legislation was in fact announced recently by the government. A john school and services to assist offenders to escape from a life of prostitution, including transitional accommodation, programming tailored specifically for either youth or adult prostitutes, and the outward-bound educational program also is a part of this initiative.
I might just indicate that in respect of the john school, a number of those schools have occurred. From all reports we hear, the initial success seems to be good. Therefore, we will continue on that particular endeavour. The legislative announcements relating to the impoundment of vehicles used in prostitution-related offences was, in fact, a government election commitment in 1995. I am very pleased that we are bringing in that legislation, which is essentially step 2 of the legislation in respect of prostitution. The first step of course was the use of the john school.
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As a result of the civil justice task force a number of initiatives are underway in the courts to streamline administrative processes. In the Family Division of the Court of Queen's Bench, a project is underway that will ultimately allow family court orders to be issued immediately after pronouncement of judgment in the courtroom. The first phase of this project was the introduction of standard order clauses, which came into effect in March of this year. Electronic filing of court requests, production of automated orders in the courtroom, and electronic transfers of orders into the Maintenance Enforcement system are expected to be operational before the end of the year.
The case management processes are also under review in the Court of Queen's Bench. A two-year pilot in the Family Division has been completed, and the court's advisory committee is presently assessing the performance. It appears to have been very successful in allowing quicker processing of matters, reducing litigants costs, and increasing client satisfaction with the process.
In a similar undertaking in the general division, an implementation committee has been formed, comprised of members of the judiciary, legal profession, court administration, and the department, to develop rules and procedures for the case management of civil matters. In the Provincial Court, the chief judge has implemented a custody co-ordination project and a docket management project with the full co-operation of Department of Justice officials.
The custody co-ordination project piloted in Portage la Prairie provides for custody matters to be remanded to a magistrate's docket in Winnipeg until the parties are ready to proceed with a judicial activity such as a bail application, preliminary hearing, trial, or sentencing. This has reduced the expenses and security risks associated with unnecessary transportation and appearances of in-custody accused. The pilot has proven effective and has now been expanded to include outstanding charges involving inmates in Stony Mountain Penitentiary and all custody matters appearing on the Stonewall and Garden Hill dockets.
The docket management program or project, piloted since October of 1996, was recently expanded to include all Winnipeg Police Service out-of-custody charges except for those relating to domestic violence or young offenders. Docket management places such cases on a magistrate's docket, while preliminary matters such as appointment of counsel and exchanges of particulars are occurring. It does not come before a judge until the matter is ready for disposition or setting of a trial date.
In a related Prosecutions initiative, charges are prescreened by a senior Crown attorney, and the Crown's position is communicated to defence counsel at the earliest possible time. The net result of these initiatives is that the average number of days from first appearance in court to disposition has been reduced by over 50 percent, from 154 days in 1995 to 70 days in 1997. This has also reduced the judges' docket to less than one-third of previous levels, allowing judges to focus on more complex judicial responsibilities.
The Department of Justice continues it commitment to develop and improve justice services for aboriginal communities in Manitoba. As an example, in co-operation with, and please excuse the pronunciation, Manitoba Keewatinowi Okemakanak, or MKO, and the chief judge of the Provincial Court, we have created and funded an aboriginal magistrates court that sits in eight northern communities. Led by a Cree-speaking magistrate, this court invites community involvement in developing traditional, community-based alternatives for offenders.
This initiative is supplemented by having aboriginal community justice workers who have been hired, trained and supervised by MKO located in four communities. The federal government is now in the process of developing tripartite funding agreements with Manitoba which will allow this important project to expand to several more northern First Nations communities.
The Justice Initiatives Fund created last fiscal year is intended to support the development of initiatives to prevent crime and to improve the justice system in Manitoba. Although the fund is not limited to aboriginal justice projects, the criteria developed by the department for funding put an emphasis on projects that address aboriginal justice issues and on projects that meaningfully involve communities in the justice process.
Numerous funding requests have been approved so far, and one of the most significant is the Aboriginal Legal Services of Winnipeg diversion project, also known as ALSOW. This is a community-driven initiative to develop and implement a diversion program for the Winnipeg aboriginal community. Manitoba's funding commitment has allowed and helped also to elicit a matching grant from the federal government. The project's aims include enhancing public safety and the justice system while being respectful of aboriginal culture.
It will also focus on reducing the rate of incarceration and recidivism among aboriginal people in Winnipeg, thereby reducing the costs of other parts of the justice system. Victims will also benefit from an opportunity to deal with their victimization through mediation, restitution and other measures.
The project will use a mix of traditional and contemporary programs and will involve elders in all aspects of programming to enable input on spiritual and cultural matters. The project is operated by a primarily aboriginal board and staff. A significant evaluation component is included to determine the extent to which the programs' objectives have been achieved.
I note that there have been some criticisms by some of that particular project. They are criticisms that seem to suggest that because we are funding a specific aboriginal program, that that somehow speaks of a separate justice system.
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I want to assure everyone that this is not a separate justice system. It is a reflection of the justice system adapting to needs that it must adapt to. So while we know that organizations such as John Howard and Elizabeth Fry are doing wonderful work in the area of diversion and that this government supports those activities, we also know that those organizations have not been as effective as we may have wished them to be, or indeed they may have wished to be, in respect of certain issues. This program was designed, in my opinion, to address those issues that are being left outstanding, and so this is an example not of the development of a separate justice system but, in fact, of a justice system that is responsive to the needs of the community.
Funding has also been provided for another alternative justice program to be operated by Mediation Services. This community-based initiative will develop and implement a diversion program for youth between 12 and 17 years of age. Like the ALSOW project, its aims include enhancing public safety, enhancing the justice system, reducing the rate of incarceration and recidivism, reducing costs in other parts of the justice system, and includes a significant evaluation component. In addition to victim-offender mediation, the project will, where appropriate, involve social service agencies to address underlying problems and assist the youths in improving their employment opportunities.
Mediation Services will also be assisting in the training of case workers for the ALSOW project. The Family Violence Court research project, headed by Professor Jane Ursel, who is also the head of the Lavoie implementation committee, involves a collection of comprehensive court data over the past six years. The project has provided valuable data and analysis to the Department of Justice in respect of the nature and incidence of family violence. Funding has been approved out of the Justice Initiatives Fund to continue support for this project during the 1998-1999 and 1999-2000 fiscal years. Other significant funding approvals include support for the Salvation Army's Weetamah youth initiative and for a community policing initiative in Portage la Prairie.
In respect of the issue that I raised earlier on the recommendations of the Prairie Research review of victims assistance in Manitoba, I wanted to specifically deal with this issue. The issue of victims and how we fit the needs of victims into our justice system is a very important one, and one that we are addressing through bringing in of legislation. It is legislation that is administratively feasible, legally sound, and constitutionally proper. I know it is very tempting for people to float proposals and, indeed, even introduce bills that can never be implemented because they are neither administratively feasible, legally sound, or constitutionally proper.
As government, we have an obligation to dovetail our legislation with the requirements of the Criminal Code. I know from time to time there is a suggestion that Manitoba can pass legislation dealing with criminal procedure that contradicts the Criminal Code. We know that is not correct, and so perhaps unlike other initiatives, we have ensured that our proposal remains constitutionally proper; that is, it takes into account what the federal Criminal Code already requires and, therefore, we need to pass our legislation with a view to that. It does no one any good to make wild and vague promises that cannot be implemented.
It is an approach that this government has consistently taken in order to fulfil gaps in federal legislation. The first such example, and we will see other examples in this upcoming year, the first example, the most prominent one I would suggest, was the impaired and suspended driving initiative by this government.
The concern was that licensed drivers were abusing their privilege of being on the road, and so we, not being satisfied with the federal Criminal Code, sought to supplement the federal Criminal Code by introducing legally sound, administratively feasible and constitutionally proper legislation. That legislation has led to a significant reduction of deaths and injuries on Manitoba's highways. Just recently we took the .05 initiative, which, again, the intent is the same.
In respect of the legislation that I talked about earlier, the seizure of johns' vehicles, the legislation is based on similar principles. That is the Province of Manitoba has a constitutional basis for regulating the use of property on its highways and within Manitoba. So that legislation is carefully drafted and its intent carefully expressed to ensure that there is no transgression of federal criminal law powers. I know that other governments across Canada and notably the NDP government in British Columbia has advised me that they want to introduce more of the plans that this government has introduced here. As you know, the NDP government there successfully implemented our .08 administrative driving program in British Columbia, and they, too, were successful in defending it from a constitutional challenge. So they are interested now in adopting our strategies in dealing with making our communities safer and better places to live.
But I digress. I did want to speak specifically about the Prairie Research review of victims assistance in Manitoba. In September of 1996, the department contracted for an extensive review of victims assistance programming in Manitoba. The final report, which was presented in April 1997, was to provide the framework for future services in Manitoba. This report provided 15 recommendations which can be placed into four groupings: legislation, fine surcharge, compensation and delivery systems.
So this legislation that is being introduced now is, in fact, based on the very extensive review that my staff had done through the Prairie Research institute.
Mr. Chairperson: Order, please. The hour being 5 p.m., committee rise.