Fewer alcohol bans being ordered for people on probation, Nunavut justice minister says

Nunavut courts are issuing fewer alcohol abstinence orders for people on probation than previous years, according to the territory's justice minister.

"They're hard for people who may be addicted to alcohol," Pamela Hakongak Gross said in the Nunavut Legislative Assembly Wednesday.

Iqaluit-Manirajak MLA Adam Arreak Lightstone asked for how many court orders to abstain from alcohol were made in the 2023-24 fiscal year. Gross was unable to provide an exact number, but said there were "fewer." 

Gross said when orders are issued, community corrections officers monitor and support those individuals who are required to abstain by helping them complete programming to "avoid behaviour that leads to criminal activity."

"The officers may also order a breach of the individual's conditions, which can result in an individual being placed in custody," she continued.

Lightstone said interdiction orders can be given. Such an order would prevent someone under it to not be issued any alcohol by an approved private or government establishment.

"The Minister of Finance … indicated that in Nunavut's 26 years, there's only been one interdiction order given by Nunavut courts," Lightstone said. "With our high rates of alcohol-related crime, why have our Nunavut courts not utilized an interdiction order more frequently?"

Gross said interdiction orders are "viewed as outdated and are rarely used" and that the only other jurisdiction that includes them in law is Newfoundland and Labrador.

"Interdiction orders are a private law remedy and they need to be issued by a justice of the peace under the Liquor Act," Gross said. "With that, the Department of Justice does not issue or oversee these orders and has no role in initiating them."

Iqaluit-Sinaa MLA Janet Pitsiulaaq Brewster followed up on Lightstone's questions with a set of her own that dealt with alcohol use and intimate partner violence.

"Other than a court order to abstain from alcohol, what does the Department of Justice do in order to change the behaviour of a person who is charged with an offence related to intimate partner violence or any violence against any other member of the community?" Brewster asked.

Gross said the Therapeutic Justice Program, located in Cambridge Bay and Arviat, is available, which aims to provide an alternative to the criminal justice system.

"This is by offering accused persons with Inuit-led supports and services that focus on addressing the root cause of their criminal behaviour," Gross said. "This program offers clients a combination of cultural and mental health programming and other support."

When asked by Brewster what supports are available for family and friends who are concerned about someone who may be at risk to violence from someone they know, Gross highlighted the Family Abuse Intervention Act which allows for measures such as emergency protections, community intervention orders, family abuse intervention orders and peace bonds.