Remarks by
Hon. Thomas W. Marshall, Q.C.
Minister of Justice & Attorney General
on the Occasion of the Ceremonial Opening
of Courtroom No. 1
New Supreme Court Courthouse
Happy Valley-Goose Bay
Wednesday, April 20, 2005 - 10:00 a.m.

Thank you Chief Justice for the invitation to speak.

Chief Justice, Chief Judge Reid, Judges, First Nations Chiefs and Elders, members of the Canadian Bar Association, colleagues, Honoured Guests, ladies and gentlemen -

It is a pleasure to have an opportunity to speak today as Minister of Justice and Attorney General at the ceremonial opening of Courtroom No. 1 of this new Courthouse. This is my fourth trip to Labrador since assuming the Office of Attorney General but my first opportunity to address the Court in my official capacity in that time. I welcome the opportunity. It is an additional honor to be able to do so on this celebratory occasion in this new, state of the art, facility.

Trial Judges, Cultural Diversity and Inclusiveness

In my remarks at the commencement of the fall term of the Court in September of last year I commented upon the important role of the Court as a social institution and on the trial judge as the linchpin of our judicial system. The advent of the Charter of Rights gave both roles a stronger emphasis and a sharper focus. Not that there was ever any doubt but since 1982 I think it is generally recognized that Courts and trial judges at first instance, have an even more critical role to play in maintaining the health of our democracy. They are the guardians this Country�s Charter protections and our basic human rights and the principles of fundamental justice. It is no exaggeration to say that together with the executive and legislative branches of Government they have a key role to play in ensuring that our democratic society is respectful and tolerant of the rights of all our citizens.

The law applied by the Courts in this Province derives largely from the British common law tradition. The genius of that tradition is that it is capable of evolving and adapting to new and changing circumstances. This was evident in this Province early on in the formal life of the Court. Two of the first Chief Justices, John Reeves and Sir Frances Forbes, and the early Judicature Acts themselves recognized that the laws of England applied in Newfoundland �...as far as the situation and circumstances of the colony will permit�. Nina Goudie�s essay confirms that Judge Paterson was equally creative in Labrador in dealing with special challenges and exigent circumstances faced by the Court there. Contrary to those who might think so, the law is not stuffy and hidebound. Its principles are sufficiently flexible and open- textured to meet new challenges. Trial judges have to be creative every day. So, of course, do architects � and Attorneys General.

My reference to architects is intended to draw attention to the unique design elements of this Courtroom. I noted in my remarks at the official opening of the building that the circle motif is an explicit architectural attempt to reflect spatially an openness to aboriginal traditions. I applaud this novel design. But even more I applaud openness as a constituent value of the justice system. On a daily basis judges are called upon to make some of the most difficult decisions in society, often in highly charged and difficult situations. To do this well, �openness�, tolerance and humility are necessary characteristics. Treating people with dignity and respect means being open to what they have to say, recognizing the differences in traditions from which they come and accommodating these differences, when it is appropriate to do so. This is also at the heart of �a just, justice� as referred to in Deuteronomy 16:20, and now reflected on the commemorative plaque to this building. Where circumstances warrant, as Chief Justice Forbes recognized, differences can and should be accommodated. A �fair and democratic society�, to use the language of the Charter, will be richer as a result of that.

Collaborative Court Reform

As Attorney General I am constitutionally responsible for the administration of justice in this Province, including the Courts. This requires, as I acknowledged at the opening of the Fall term of Court last September, that I be forward looking and that I work to find new and innovative ways to improve all aspects of the justice system, including the Court system, in order to meet continuing challenges. This I am prepared to do � even against the background of a difficult fiscal reality. It is not always appreciated that out of our annual $4.2 billion provincial budget, we now spend more than $1 billion a year � that�s 25 cents of every dollar � to pay the interest on our debt. We have to get this under control and we are taking steps to do so. The challenge is to balance debt repayment with building needed infrastructure. To accomplish this it is necessary to plan carefully and to prioritize needs.

In June of last year I wrote Chief Justice Green, Chief Justice Wells and Chief Judge Reid proposing the establishment of a Courts Administration Advisory Board in order to commence a collaborative process of strategic planning for the Courts. This was not a particularly novel concept. It had been tried in other provinces, notably Manitoba, and was a success there. However, what was novel and unlike Manitoba, was that I proposed, and it was agreed, that direct participation by the Attorney General on the Board was desirable. I am pleased to be able to say that in the course of the intervening months the Board has now met four times. This has been a very positive development with real progress having been made. I will mention two examples.

As many of you will know, last year Government engaged in an extensive Program Renewal Process. Recognizing the special role of the Courts as a constitutionally entrenched third branch of Government I committed, as part of a program renewal process for the Courts, that an outside consultant, Mr. David Norris, could be retained to assist the Court with a comprehensive internal review. I understand from my recent discussions with the Chief Justice that Mr. Norris has been hard at work for almost eight months now and that his Report will be available in the next few weeks. I look forward to it eagerly.

My second example of progress in Court reform is the institution of the Court Facilities Infrastructure Needs Subcommittees under the umbrella of the Advisory Board. These subcommittees were established in St. John�s, Corner Brook and Stephenville as a result of the Court having identified these three sites as most urgently in need of capital improvement. In the budget process just completed I am pleased that money was committed to plan and design a new combined Court facility for Corner Brook. The facility needs of Stephenville and St. John�s will be brought to Cabinet for consideration in due course in a Paper currently being prepared. In the current fiscal environment this represents real progress. It is an example of what can be achieved when the Courts and Government work together collaboratively. I am committed to this process and want to continue the momentum for reform, modernization and change that we have begun.

Before leaving the subject of collaborative Court reform I want finally to mention the proposed expansion of the Unified Family Court. This initiative has been in the discussion process now for over two years and involves the Federal Government as well as the Provincial Government, since it is the Federal Government that has the constitutional responsibility for the appointment of Superior Court Judges. I have explained to my federal colleague, Mr. Irwin Cotter, that the provision of family law services in Newfoundland and Labrador is currently not uniform across the Province. It is a �patchwork quilt� of uneven and ad hoc services. I told the Minister that my ideal would be to have judges who are specialists in family law working together with professional staff in an environment that is non-threatening to all those involved in the process all across the Province. I indicated to the Minister that if the Federal Government were to appoint new Unified Family Court Judges, Newfoundland and Labrador would be interested in five new appointments, one of which would be for Labrador. I understand that this continues to be the federal intention but that the federal legislation necessary to do so is not yet introduced into Parliament. I will continue to press my federal colleague to get on with this much needed initiative. I cannot say more about it at present but I expect that more information will be available later this Summer.

Labrador Report

In my remarks at the Country Supper last night at the Northwest River Community Centre, I made a number of brief comments on the complex environment which confronts Government in delivering services in Labrador. I believe it is appropriate in this setting this morning that I examine some of these comments very briefly. The justice system has many component parts, in addition to the Courts, and I think it is important that we have a sense of how these parts are faring. I will focus my comment on Labrador.

That aspect of the justice system which, without exception, results in the highest number of requests for increased resources is policing, especially in communities.

The provision of an appropriate and effective RCMP presence in Labrador has been a priority for me since my appointment as Minister of Justice and Attorney General. During the last 12-14 months despite the grim financial picture, we have approved the deployment of four additional officers for Sheshatshiu, one additional officer for each of Rigolet, Makkovik and Happy Valley-Goose Bay. Two additional Highway Patrol Officers, a Specialist in Crime Scene Identification and a Provost Officer responsible for prisoner transport have also been approved. In total 11 additional RCMP Officers have been deployed to the Labrador region of the RCMP. I can also advise that with the addition of 45 new officers for the Royal Newfoundland Constabulary over the next three years it is the intent of Chief Deering to increase the allocation to the Labrador City-Wabush Detachment.

In addition to these Police Officer deployments, my senior officials and I have been working with Innu and Inuit communities to establish what is referred to as Community Tripartite Agreements under the Federal Government First Nations Policing Policy. These Agreements which are entered into by the Province, the Federal Government and the individual communities or reserves have the benefit to the Province of an improved cost-share arrangement with the Federal Government. It is little known that currently the Provincial Government pays 70% of the cost of the RCMP policing in this Province while the Federal Government pays only 30%. Compare this with 52% Federal Government and 48% Provincial Government for agreements under the First nations Policing Policy.

Agreements under this policy would make available to the Province an additional 22% of its current costs which we intend to reinvest back into the Innu and Inuit Communities for Justice-related initiatives and resources. I would encourage all parties involved in this process to focus their efforts on concluding these agreements such that Labrador�s communities can realize improved justice system service delivery in policing.

The disproportionate representation of aboriginal peoples in the justice system is of particular concern to the Province and we have made considerable efforts to enhance the responsiveness of the justice system to the particular needs and interests of our aboriginal peoples. We have heard much in the past few days about the importance of access to justice and of having a voice that can be heard. The Province currently partners with Justice Canada to deliver a number of key cost-shared programs that assist in this regard. These include the native Court Worker Program and the Aboriginal Justice Strategy. We are also encouraging Labrador Legal Services and Legal Aid to work more closely together to achieve efficiencies. I know that Olive Williams is open to these initiatives and is crucial to their success. We are also looking forward to the Report which Jenny Reid will complete shortly on Legal Aid service delivery in Labrador. This is work made possible by special project funding from the Federal Government�s Legal Aid Innovations Fund. I have told Minister Cotter about this work, how important it is and have stressed that the Innovations Fund should become a permanent part of the Federal-Provincial Contribution Agreement on Legal Aid. I am confident that this will be achieved in the next negotiated agreement.

Within the area of correctional services, a number of initiatives are currently being undertaken to address specific issues and trends impacting the offender population in Labrador. One of the most important of these initiatives is that dealing with Fetal Alcohol Spectrum Disorder (FASD). The Labrador Correctional Centre is now in the final stages of developing a strategy for intervening with offenders who may have some level of impairment caused by FASD. The first part of the strategy is intended to identify a screening tool which could conceivably filter out those inmates admitted to the correctional centre who are suspected of having FASD. My Department, through the Division of Corrections and Community Services, has partnered with Corrections Canada, in particular the Addictions Research Centre, to pilot an FASD screening tool which will be utilized as a preliminary screening device to determine whether or not FASD may be present.

The second part of the strategy will involve the training of all staff at the Labrador Correctional Centre as well as probation officers and victim services co-ordinators in the Labrador region with the objectives of raising their level of awareness and understanding regarding the limitations that FASD imposes on individuals who have this particular disorder. It will also be the basis for professional staff to develop an intervention plan based on behavior modification techniques which will be designed to assist offenders copy more effectively within the institution as well as assist victims to adjust to community living.

This initiative being undertaken by the Department is only possible because of the partnerships that had been created with Dr. Ted Rosales, Corrections Canada, Department of Health and Community Services, the Labrador Inuit Health Commission and aboriginal groups within Labrador. It attests to the successes that can be achieved when there is a high level of cooperation and collaboration focusing on a particular social issue.

Also within the correctional sector, and again in partnership with Corrections Canada, efforts are being undertaken to deliver high quality offender programming at the Labrador Correctional Centre which would permit the Division of Corrections and Community Services to retain federally sentenced offenders in the Labrador Correctional Centre rather than being forced to transfer them to federal penitentiaries in Atlantic Canada. Currently, there are approximately fifteen aboriginal inmates from Labrador who are in federal custody in institutions quite distant from their home communities. In particular, a substance abuse treatment program which meets federal correctional standards is now being delivered at the Labrador Correctional Centre. Other programs which will also be consistent with the requirements of Corrections Canada include sex offender treatment and family violence programming. It is anticipated that the introduction of this type of programming will allow the Corrections Division to accommodate offenders serving terms of more than two years in the Labrador region. In essence, this will mean that offenders from Labrador will gain access to high quality offender programming at a much earlier stage in their sentence while it will be much easier to develop meaningful and effective release plans so that they can be successfully reintegrated into the community.

Within the area of victim services, I am happy to advise that an additional victim services co-ordinator position has been created in Happy Valley-Goose Bay in addition to the position which was originally implemented in 1991. This added resource will mean that those who have been victimized by criminal activity will have access to a service which provides basic knowledge about the criminal justice system and facilitates access to necessary counseling services while also preparing victims to testify as witnesses in the court process. The Victim Services Program is one which has consistently been viewed as one of the most significant advances in criminal justice in recent history, a perspective which has been confirmed in periodic client surveys conducted within this Province and Labrador in particular.

Conclusion

I hope it is clear from these comments that the administration of justice raises complex issues. These are compounded by limited fiscal resources. However, the opening today of this state of the art, new facility reminds us that progress is possible. I have said on a number of occasions over the past two days that Government is committed to working cooperatively with the Courts, our federal partners and all the players in the justice system to improve operational issues. The challenges in Labrador are many faceted: geography, cultural diversity and separation from the island portion of the Province. But there is also much that is positive. The inclusiveness, understanding and tolerance that I have experienced in the past two days provide the keys to meet all these challenges. I believe that working together we can build the just communities we all want � and that Labrador deserves. �Justice, justice shalt thou follow�.