Letter from Victoria Family Court Committee re: Closure of Youth Custody Centre

Re: Closure of the Victoria Youth Custody Centre

The Victoria Family Court Committee invites you to meet with us to discuss possible complimentary uses for the unused portion of the Victoria Custody Centre that would be beneficial to Vancouver Island and BC youth. We invite speakers to each month's meeting and have recently had The Honourable Darryl Plecas, M.L.A., who spoke on Law Reform. The great challenges presented by the declining numbers of youth in custody also presents great opportunity and this knowledgeable committee would like to consult with you. Our meetings are closed to the public to enable staff and politicians to speak frankly without concern of potentially identifying individuals as we discuss the needs of our children and their families.

The Family Court Committee is constituted under the Provincial Court Act with powers and duties as listed under Section 4.1 in addition, it has been designated by the Attorney General of British Columbia (June 27, 1984) to be the youth Justice Committee, under section 69 of the Federal Young Offenders Act, Bill C-61 (see Sections 4.2 and 4.3). The Victoria Family Court was authorized by the Ministry of Children and Families to be the Community Committee that reviews the circumstances of youth in custody in our local containment centre, their physical environment and the programs provided them. To that end, we have always been assured entry to the youth Containment Centre and access to all necessary information in order to be informed.

As the committee charged with knowing what the circumstances are for youth in the Capital Regional District who may be involved with the justice system, we sincerely hope that you will communicate with us on this important issue. We are mandated to exist through both provincial and federal law, to be that voice from the community and may be requested by the judiciary to comment as well.

While we realize that there is a need to address the declining use of our relatively new state of the art facility, the potential savings from centralizing services on the mainland is unlikely to result in substantial savings when you consider the costs of bringing family members to visit the youth on the mainland as well as escorting youth returning for court dates. Meanwhile, youth mental health, substance abuse and housing instability continue to push our kids towards choices that may lead to incarceration, as evidenced by the McCreary surveys of youth in custody.

When youth are in crisis, the family is also in crisis and the logistics of organizing family visitation adds stress and puts limits on the interactions. What members of our committee have identified as a need in our community are bail beds where youth can access 3 square meals, get clean and attend school without removing the youth from the support groups they have in their community. While their existing supports may not be enough, we need to work within our community to build up additional resources collaboratively to support the youth to make good choices, foster better relationships and enable better outcomes. Members also recommend respite homes where kids can get away from their parents but are not totally out of the community.

There is a real risk of recreating the residential school experience for the youth who are completely removed from their culture and community. Seventy percent of females in custody are First Nations. We hear that their time in care is often some of the most 'normal' in their lives, as the breakdown of support systems at home can lead to conflict with society. Keeping 'normal' in the community they know is important to them and to their families. We would like to see the return of our Vancouver Island girls and we would like our boys to stay on the Island.

Addictions and Mental Health Issues could be dealt with here, with additional services being offered to youth from the mainland areas for whom coming to a smaller community such as ours may be more appropriate than a large urban setting like Burnaby.

The committee is also concerned that Burnaby may present additional challenges for our Vancouver Island kids in that the kids are likely to establish relationships while in secure care that foster unhealthy choices thereafter. Already fragile family relationships may break down when they return home and they may feel that their custody friends from Vancouver are a better alternative support group, leading to possible involvement in big city gangs, prostitution and drugs.

According to Professor Nicholas Bala of the Faculty of Law at Queen's University, "there may be legal issues related to the closing as well, both under the Charter of Rights s. 12 (cruel and unusual punishment) and the Youth Criminal Justice Act, which requires adolescents to be detained separately from adults." (quoted here with permission)

I sincerely hope that you will consider coming to meet with our committee, as we have heard considerable concern from all thirteen municipal council members, from our three school districts and also at the Capital Regional District Board.

Sincerely,

Cynthia Day, Chair Victoria Family Court and Youth Justice Committee Councillorday@shaw.ca vfamcourt@gmail.com

c.c:

• Premier Christy Clark
• Honourable Suzanne Anton, Attorney General and Minister of Justice, PO Box 9044 Stn Prov Govt, Victoria, B.C. V8W 9E2
• Victoria Family Court and Youth Justice Committee Appointing Agencies