WIKWEMIKONG—Last week, Wikwemikong Chief Duke Peltier, along with Wikwemikong Tribal Police Chief Gary Reid and Crown Attorney Stacy Haner, signed the community’s first Peacemaker Justice Program—a protocol that aims to divert summary offences out of the court system with a focus on restitution.
Chief Peltier explained that a justice committee was struck at the beginning of this council’s term, in September 2012, to search out the gaps in the justice system.
One of the solutions found, the chief explained, was the diversion of summary (minor) offences. In this process a discussion could occur between victim and the accused to come up with a solution.
“Each party gives a rationale and together they come up with a plan of restitution,” the chief explained. “This could be community service hours or pay back restitution in lieu of a criminal record.”
[pullquote]“Each party gives a rationale and together they come up with a plan of restitution,” the chief explained. “This could be community service hours or pay back restitution in lieu of a criminal record.”[/pullquote]
He said not having a criminal record is crucial, as so often a young offender who has made one bad decision will be forced to live with that black mark for the rest of their lives. This, he said, can lead to a path of despair leading to still more inappropriate decisions.
Funding for the program has been accessed through the Ontario Ministry of Children’s and Youth Services.
“It’s not a lot of money, but if we can make a difference in some young people’s lives, that’s what counts,” Chief Peltier told The Expositor.
The diversion process works both pre-charge, with the police referring the offender to the Peacemaker Justice Program, and also post-charge, when the Crown Attorney and justice program will review the dockets and liaise about potential candidates for diversion. Any individual can also request a diversion to the program. The offender also has the right to consult with legal counsel and has the right to refuse the diversion.
Offences that are not subject to diversion include: spousal abuse, sexual offences, child abuse, offences involving serious injury or death, offences involving firearms and any other offences the police or Crown Attorney may restrict for diversion.
“Once the recommendation is made, the onus would be on the accused that this is a process they would like to engage in,” Chief Peltier explained. “The victim would also have to agree to it.”
[pullquote]“Once the recommendation is made, the onus would be on the accused that this is a process they would like to engage in,” Chief Peltier explained. “The victim would also have to agree to it.”[/pullquote]
“Some of these things are unnecessarily going through our court systems,” the chief continued. “It falls in line with taking a step forward toward breaking that cycle (crime to court to crime). It also gives our community the initiative in taking some of the responsibility into our own hands instead of a Justice of the Peace making those decisions.”
Community consultations have been taking place in the community since December, as have mock sessions and scenarios by way of training for the people involved in the new protocol.
“This has given the justice committee confidence that this will work and be sustainable,” he added, noting that he is hopeful that Wikwemikong will be able to make the case for long-term funding. “It makes economical sense for them (Ontario government) as opposed to tying up valuable court time.”
“The Office of the Crown Attorney for the District of Manitoulin is very excited about the Wikwemikong Peacemaker Justice Program,” Crown Attorney Stacy Haner told The Expositor in an email. “A community’s involvement in the criminal justice system is a very positive step towards ensuring that justice is properly administered in that community. We look forward to continuing to work closely with the Peacemaker program.”
The United Chiefs and Councils of Mnidoo Mnising (UCCMM) has had a similar program in place since the mid-1990s and has deemed it a success.
“It works just excellent,” said United Chiefs and Councils of Manitoulin Police Chief Rodney Nahwegahbow. “It’s an opportunity for offenders to accept responsibility for their actions.”
“Because the person accepts responsibility, it allows all parties to express how it has affected them,” the police chief added, giving the example of his recent involvement in a healing circle with a youth who had been picked up for underage drinking.
Police Chief Nahwegahbow said he told the young offender that because of this mischief, his police officers were taken away from more pressing matters. “Not that it isn’t important, but it’s time consuming. We try to use the justice program whenever we can.”
Eli Fox is the community justice worker for UCCMM and said that, since 1998, approximately 500 people have gone through the justice program.
“And our recidivism rate is pretty good—15 percent since 1998,” he said.
“The idea behind it is we use the term ‘healing’ rather than ‘punishment’ or ‘retribution’.”
