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Moving beyond punishment

Justice circles bring victim and offender together

Derek Neary
Northern News Services


Fort Simpson (Nov 29/02) - Last week marked Restorative Justice Week. In the NWT, young offenders are sent to open and secure custody facilities.

For Pat Waugh, a justice circle isn't about punishment, it's about "making things right."

A sitting of a justice circle, known as a diversion, involves several justice committee members seated in a circle with the offender and the victim, each of whom is able to bring supporters along such as family members. Depending on the circumstances, a drug and alcohol counsellor or a social worker may also be present. Everyone plays an equal role and each person gets to speak, said Waugh, regional justice co-ordinator for the Deh Cho.

"If the circle is done well, it's the victim and the accused that come to the resolution themselves, to make things right again," she said.

Common resolutions involve letters of apology and restitution for damage to property, which may not involve an exchange of money but having the offender do work for the victim instead.

"Normally the victim and the accused at that circle will come up with something that's realistic," Waugh explained.

"Mostly what (the victim) wants is for that person to stop getting into trouble."

She added that committee members and support workers often share their experiences, reflecting on their own indiscretions and what helped them to change.

"They try hard to make people realize how you feel inside when you do something good for somebody. When you do something bad the person you're hurting most is yourself," said Waugh.

She said she thinks those who are critical of justice circles don't really understand the process. Courts, she noted, often order the offender to stay away from the victim and offer no resolution.

"It just makes things worse," she said.

Sgt. Bill Eubank, of the Fort Simpson RCMP, said all charges laid through his detachment are reviewed to determine whether the offender would be suitable for the justice committee. Those that qualify must take responsibility for the crime and the victim must be in agreement with having the matter referred to a justice circle.

In his experience, Eubank said, justice circles have proven effective for some individuals.

"If they (the offenders) are willing to accept the responsibility -- not just mouth the words -- then it's really effective," he said.

When the justice circle doesn't seem to have any impact on the offender, the committee can -- and has -- referred the matter back to the RCMP and the charges proceed in court, Eubank added.