The Honourable Beverley Browne — Wîyasôw Iskweêw — Restorative Justice Pilot Project symposium will contain an overview of the project, as well as information about prosecution referral guidelines. Restorative justice is aimed at facilitating reconciliation with the victim and assisting in repairing harm to the victim and the community that has been impacted by an offender’s behaviour. While honouring the roots of Indigenous practices, restorative justice is used by both Indigenous and non-Indigenous agencies to provide offenders an opportunity to take responsibility for their offences while working to change the root causes of their behaviours.
Alberta Court of Queen’s Bench Chief Justice Mary Moreau said the project allows people to recognize that there are many meaningful pathways to justice.
“Restorative justice recognizes the complexities of the people participating in the justice system, as well as the complexity of their relationships,” she said. “It’s a nuanced approach that — in appropriate circumstances — leads to more meaningful and effective long-term outcomes for all participants.”
A criminal matter can be considered for a restorative justice referral at the Court of Queen’s Bench or provincial court when the offender acknowledges responsibility, the facts of the offence are agreed upon by all and there is voluntary, informed consent by all participating parties. If a matter is determined to be appropriate for restorative justice, counsel will advise the court and the file will be adjourned to a later date for follow-up after completion of the process.
Kim Goddard, assistant deputy minister for the Alberta Crown Prosecution Service (ACPS), said prosecutors will be encouraged to use restorative justice processes in appropriate cases as a diversionary alternative to the traditional criminal justice system.
“In cases where diversion is not appropriate, restorative justice processes can be used to inform and assist a judge imposing a sentence,” said Goddard. “A framework has been developed to provide prosecutors with principled yet flexible guidance to ensure consistency and transparency in decision-making.”
The project is named after the late Beverley Browne, the first chief justice of Nunavut. Over the course of her 30 years on the bench, Browne worked to improve access to justice for Indigenous people. At a pipe-naming and blanket ceremony held in her honour in November 2020, she received the Cree spirit name Wîyasôw Iskweêw, which has no direct translation but conveys the meaning of “Woman Who Stands With The Law.”
Since its inception in 2019, the committee organizing the project has grown to more than 100 members, including judges from the Court of Queen’s Bench and provincial court, prosecutors, defence counsel and Indigenous groups. The first phase of the project will only involve criminal matters, but it is hoped that later phases will expand restorative practices into family and civil matters as well.
Click here for additional information about the restorative justice pilot project.
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