Derek Neary
Northern News Services

FORT SIMPSON (May 14/99) - The courts have their place, but Stella Gargan also believes in the effectiveness of community justice.

Gargan has a unique perspective on both systems given the combination of her part-time jobs. She is the community justice specialist for Fort Simpson and also co-ordinates the court's Fine Option Program. In addition, she is employed with Mackenzie Court Workers, which sees her attend Justice of the Peace court and follow the Territorial Court circuit throughout the Deh Cho region every six to eight weeks.

"All in all, I guess it's just assisting people in conflict with the law," she said. "I was always wanting to help people. I don't like to see people going to jail."

In her capacity with Mackenzie Court Workers, she attends Territorial Court and she sets clients up with the available defence counsel. She also helps those going to trial with the Legal Aid paperwork, should they require assistance. She does her best to help others understand the procedure and process. The courtroom can be a very intimidating place, Gargan said, adding that, at times, she still feels that way herself despite having worked in this position since 1994.

Through the Fine Option Program, she identifies people who aren't capable of paying a fine. As an alternative, the individual is offered the chance to perform labour, particularly for elders, such as cleaning yards, shovelling snow or cutting wood.

The offender is paid minimum wage. The $7 per hour is divided into the amount of the fine to determine the number of hours required to pay it off. There are a few eligibility factors involved with the program, Gargan noted. The penalty must not be in the form of a ticket, rather a fine assessed in court. As well, the fine must be less than $1,000 and the offender must be at least 19 years old.

For summary offenses such as property crimes or minor theft, the police have the option of diverting the matter from court to a community justice committee, Gargan explained. In order for this to occur, the offender must acknowledge his or her guilt. As well, the victim, who is involved in the process along with his or her family, must be in agreement.

Before the justice committee, currently consisting of eight members in Fort Simpson, offenders hear about the damage they have inflicted upon their victims. Gargan said some offenders have actually elected to go to court because facing a justice committee is more intimidating and more humiliating.

"You can't lie about who you are or where you come from because everyone knows everyone. You've got to be honest with yourself and the people around you in the committee," she said. "I have seen a few people change their lives for the better after going before the justice committee."

The goal of the justice committee isn't penalty, but healing, Gargan said. Everyone encourages the offender to make wiser, less harmful choices.

"What they like to do in the end is get to the root of the problem and make (the offender) aware of different ways of expressing themselves," she said.

She added that she believes many offenders who are sent to jail spend the time contemplating how to get away with the crime the next time around instead of healing.

Gargan's job isn't to be part of the committee. Rather, her job is to keep minutes, oversee their recommendations and file the cases. In her recently completed annual report, she said the Fort Simpson justice committee dealt with 10 matters over the past year.

Whether it's in a justice committee or in court, Gargan said the hardest part of her job is dealing with repeat offenders.

"It's just too bad," she said, shaking her head.

Gargan is currently seeking funding for a regional community justice workshop, which she hopes will take place in Fort Simpson in June. She said such a workshop would be beneficial to those who have expressed interest in becoming a member of the community justice committee.