Deh Cho MLA Michael Nadli's early release from jail upsets women's advocates

Women's advocates in the Northwest Territories are disappointed that Michael Nadli, the former MLA for Deh Cho, was released early from jail, enabling him to run for re-election, which he says he intends to do.

Nadli was sentenced to 45 days in jail after pleading guilty to assault causing bodily harm in relation to an incident in his home, in which he injured his spouse. He was then suspended from the legislative assembly.

He was released from jail after eight days and says he is back in Fort Providence.

Had Nadli remained in jail, he would not have been eligible to run for re-election in the upcoming territorial election.

Arlene Hache, former executive director of the Centre of Northern Families in Yellowknife, says she had to speak out when Nadli announced on Facebook that he was running for MLA again.

"I had to respond because 50 people liked that statement," she said. "People commented about how great it was, how great he was, and there was zero acknowledgement that the violence that he perpetrated against his wife needs to be dealt with. It's almost like it didn't happen."

In an open letter to Nadli, Hache wrote that politics "doesn't lend itself to recovery and the time needed to focus on your family and moving forward in a healthy way. 

"I wish you well and hope you change your mind about running for a leadership position at this time."

'We need zero tolerance'

Deputy judge R. Michel Bourassa, who sentenced Nadli, would not comment on Nadli's release. At his sentencing hearing, Nadli's lawyer had asked for a conditional discharge, meaning no jail time. But Bourassa sentenced him to jail, saying in his decision that there had to be "real consequences."

This was Nadli's second conviction for assaulting his spouse.

Lorraine Phaneuf, executive director of the N.W.T.'s Status of Women Council, says the council is "always deeply disappointed at early releases and sentences that do not in our opinion reflect the severity of crimes perpetrated in areas of family violence.

"Family violence remains a huge issue in the territories, with families suffering through that reality. We need zero tolerance for family violence in our families, workplaces and governing bodies."

However, former Frame Lake MLA Wendy Bisaro says she supports Nadli's decision to run again.

"I think he did a good job as MLA," said Bisaro. "He can add a lot to any assembly."

Few details on Nadli's early release

The N.W.T.'s Department of Justice won't comment on Nadli's case or specify what type of release he received.

He was not paroled. Inmates have to serve at least one third of their sentence before they're eligible for parole. Nadli was sentenced on Oct. 15 and released on Oct. 23, serving only one sixth of his sentence.

Nadli says he applied for an early release but is unsure about the specifics of how that process works. Asked under what grounds he asked for the early release, Nadli said, "I lost my job. I lost my salary. A going concern was just the state of my finances. And I had obligations to my family as well."

Nadli says he doesn't expect to have to return to jail.

"It sounds to me like this individual was probably released on some sort of temporary absence by the supervisor or warden of the institution," says Michael Nesbitt, a University of Calgary professor specializing in criminal law.

"This would have allowed him to be released after one sixth of the term, which he has done."

Even if Nadli is under a temporary absence, he is still technically in custody and still has "certain obligations under the watchful eye of the law," says Nesbitt.

Nadli admits so himself. He says he has to report to a probation officer, avoid alcohol, visit a counsellor in his home community of Fort Providence if need be and keep the peace.

But his "temporary" absence from jail may end up lasting for the rest of his sentence. Temporary absences can last up to 60 days. If Nadli's sentence ends before that 60-day period elapses, then Nadli is no longer considered an inmate, says Nesbitt.

"His sentence would in effect have been served, provided he did not do anything during that period that would require re-institutionalization, such as reoffend. He will be essentially free."

Board makes temporary absence recommendations to warden

Applications for early release are reviewed with the N.W.T.'s Temporary Absence Board. The board is made up of the deputy warden of operations, the deputy warden of security, the deputy warden of programs, an inmate case management team and/or a psychologist or counsellor.

"What they do is review the application and make a recommendation to the warden," says Blair VanMetre, assistant director of corrections.

VanMetre says the committee, in deciding whether to release an inmate, takes into account the past programming undertaken by the inmate, plus factors like the inmate's housing and employment situation, past offences and the behaviour of the inmate while incarcerated.

"The most important thing is risk to the community or the victim, if there's a victim that's involved," said Van Metre.

The Department of Justice says 302 temporary absences were granted to N.W.T. inmates in 2014-2015, including 97 early releases.

Jail overpopulation a factor?

Nesbitt says overpopulation may have also factored into the warden's decision to release Nadli.

"I think in this case you certainly could have a situation where overburdening of prison populations influenced the decision," said Nesbitt.

"We know that the three northern territories have much higher incarceration rates than the rest of Canada, the Northwest Territories in particular.

"[Wardens] know their populations the best, so the idea is they're best placed to choose who to release when...things become dangerous or when their prison populations become overburdened. It's a way to allow the warden or the supervisor of the institution essentially to... keep their own house in good working order."