Lack of detention facilities in Quebec's North violates charter rights, says Superior Court

The Public Security Ministry has failed to offer equal services for Inuit people serving minor sentences, a Quebec Superior Court judge has ruled.

While it's common practice to allow people to serve jail time a few days at a time in most Quebec regions, it's impossible in Nunavik'snine villagesbecause there are no jails north of Amos, the judgmenthighlighted.

That means peopleconvicted of minor crimes that can result in anintermittent sentence which are typically served on weekends would have to pay tofly 1,237 kilometres south to the Amos detention centre each time.

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Instead, many people are forced to serve the sentence at once, which could have adverse effects on their careers and lives.

For years, workers in the justice systemand legal advocateshave decried the lack of resources that has led to people being deniedintermittent sentences and other detention issues in Quebec's North.

When SuzieJonas pleaded guilty to impaired driving last September, her lawyer demanded that her 40-day sentence be served intermittently so Jonas could keep her job and care for her children during the week. The provincial court judge at the time said that wouldn't be possible.

QuebecSuperior Court Judge Richard Grenier acknowledged the decision was likely made from a logistical standpoint instead of a judicial one. He said the fact people in Quebec's North are deprived of serving their sentence intermittently is"blatant injustice."

Greniergave the Ministry of Public Safety six months to correct the situation and set up a facility that can accommodate those sentences. Greniersuspended Jonas's sentence until that's done.

He said the lack of detention facilities in the North also constitutes a violation of charter rights.

"Inuit and other residents ofNunavikare entitled tothe same rights as citizens in the rest of this country."

'Discriminatory and unacceptable'

Greniercalled the situation "discriminatory and unacceptable."

Jonas's lawyer, Rodrigue Joncas, says judges overseeing cases involving people in the North, especially Indigenous people, should be able to prescribe alternatives in minor sentences, such as community service or staying at a shelter instead of a detention centre.

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"We've been, in Quebec, discussingthis matter for years and years, and years. Many other provinces and territories have found solutions in terms of the appropriate accommodation elsewhere than a detention centre," Joncastold CBC News.

He said inmates on Quebec's Magdalen Islands can serve intermittent sentences off the island and have their travel paid for.

Ministry failed to act: lawyer

In 2016,Quebec's OmbudsmanRaymondeSaint-Germainreleased a report likening the conditions faced by Inuit inmates in northern Quebec to Third World prisons, including unsanitary and overcrowded cells.

Saint-Germain said there was an "overreliance on the courts" for issues, such as substance abuse.

The Quebec Bar Association has also condemned the detention system in northern Quebec in a report published in 2014, calling the issues "crucial and pressing."

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Paul-Matthieu Grondin, the association's president, said the Ministry of Public Security should invest more in the Nunavikjustice system, from creating infrastructure to setting up better rehabilitation programs.

"Honestly, we haven't gotten very far [with the ministry]," Grondinsaid. "It's definitely an issue we should look at as a society."

-With files from CBC reporterCatou MacKinnon