The legal system of Nunavik, in Nord-du-Québec, is “inadequate”, “maintains a certain form of racism” and must be adapted to Inuit realities, according to a new report.
Posted at 12:00 a.m.
“It is imperative to admit that the system, as it is and has been, has failed in many respects. Recidivism rates have not decreased, inclusion of Inuit has not been made, bridges with traditional methods of conflict resolution have not been taken,” the lawyer said. Jean-Claude Latraverse in his most recent report.
Last October, Mr.e Latraverse, who practiced for 20 years in Nunavik, was commissioned by Quebec and the Makivik Corporation, an Inuit organization, to analyze the situation in the Nunavik court and to propose solutions. He presented his 60 recommendations on Friday.
The lawyer denounces the high crime rate among the Inuit. In 2019-2020, 1,356 people were charged out of a total population of 7,400 adults. “It’s really appalling. It is almost one in four Inuit who has to face justice in criminal law,” laments Ms.e Latraverse in interview with The Press. By way of comparison, this rate is 1 in 127 in southern Quebec.
The geographic location, the availability of resources, as well as linguistic and cultural barriers complicate the provision of legal services in Nunavik.
In July, hundreds of court cases were put in jeopardy in the north of the province where a full week of hearings at the Court of Quebec was canceled due to a lack of available judges.
Mr. Latraverse believes that Nunavimmiut will have to be at the heart of the suggested changes. For its part, the Association of Criminal and Penal Prosecuting Attorneys indicated to The Press be ready to collaborate now in order to be part of the solutions identified in the report, declared Vice-President Olivier Charbonneau.
Outdated facilities
In his report, Mr.e Latraverse first recommends building a more adequate courthouse in Kuujjuaq, deeming the facilities “obsolete”. ” Everything has to be done again. This courthouse has been inadequate for more than 15 years,” he exclaimed in a telephone interview.
“There are seven chairs in the waiting room, people have to line up in the hallway leading to the court room, making the passage perilous. […] The heating system is close to death and there is no adequate ventilation or air conditioning system, ”explains the expert in his report.
Moreover, the courtroom is too small to accommodate the citizens, and the premises are too small to receive the victims who, in addition, often find themselves face to face with their aggressor.
A lady could not contain herself and urinated in her pants because she was afraid to go out, because her attacker was in the hallway nearby.
Me Jean-Claude Latraverse
During the pandemic, the defendants had to wait outside the palace, when the temperature reached -35°C, because there was not enough space inside. “It’s a flagrant lack of respect,” he says.
At the heart of the community
Since Nunavik is made up of 14 isolated communities with no road connection, the accused who must appear in court have to travel there by plane. This expensive trip often has “a significant impact for these people who must leave home, family and work to respond to the order to appear in court”, observes Ms.e The crossing.
The lawyer therefore suggests building virtual courtrooms in all communities. “People would only have to come to this place to face the judge for appearances, postponements and settlements of certain offences,” he said.
Me Latraverse reminds us that the legal system is still, to a large extent, misunderstood by the Inuit. To facilitate communication, he recommends that defense and prosecution attorneys travel directly to the defendant’s community to prepare their case before going to court.
It also proposes that Inuit paralegals be hired to serve as interpreters between criminal and penal prosecuting attorneys, witnesses and victims, a service that already exists in Nunavut and the Northwest Territories.
Essential training
Finally, M.e Latraverse suggests that the Barreau du Québec establish mandatory training for lawyers to practice in Nunavik.
“A lawyer who leaves the Bar School and who decides to practice in the North has no idea where she is going, the mores, the customs, the shyness of the people. It’s a completely different culture from ours,” he explains.
He also wants lawyers working in Nunavik in youth protection to take mandatory special training on Inuit family traditions and dynamics.