N.W.T. courts' travel policy sets accused up to fail, defence lawyer says

A prominent Yellowknife defence lawyer is protesting a change in the application of a court travel policy that, he says, is going to leave people who have been released on bail either stuck in jail or homeless on the streets of Yellowknife.

"It does seem bizarre that you can get released to live on the streets in Yellowknife, but they're not prepared to ship you back to a community that is a safer place for you to be ... and it's - 40 C," said defence lawyer Peter Harte.

Harte said, previously, the N.W.T. government would pay the airfare to transport people who have been released on bail to the community they're supposed to be staying in, under their bail conditions. Now, the N.W.T. government — with the courts setting up the travel arrangements — will only pay for airfare to the community where the alleged crime occurred, Harte said.

Harte said he became aware of the change last week.

For example, Harte said he is representing one man facing charges out of Fort Simpson, N.W.T. The man's bail was agreed to, on the condition he goes to Hay River.

But with the way the policy is being applied, the government would only pay for airfare back for Fort Simpson, Harte said, even though it would cost less to fly the man to Hay River.

On Friday, after Harte explained the situation his client was in, the warden of the North Slave Correctional Centre agreed to pay the cost of flying the man to Hay River out of the warden's budget.

Beaufort Delta man unable to get home 

In another case currently before the courts, a man from the Beaufort Delta region is facing charges being dealt with in court in Inuvik.

The court said he could be released on bail, on the condition that he goes to Yellowknife.

However, the accused man cannot afford the airfare — approximately $500 — to return to Inuvik from Yellowknife. The courts have, so far, refused to help him, said Harte.

If he does not make it back to Inuvik, he will likely be charged with failing to attend court and breaching his bail condition to attend court as required. He will end up being kept in jail until his case is concluded, according to Harte. It costs approximately $280 per day to house inmates in the N.W.T.

Justice Department officials were not immediately available for comment.