By Bryan Eneas

Restorative, traditional justice displayed at Senator Allen Bird

Apr 26, 2017 | 2:11 AM

A theatre troop highlighted the differences between Traditional Indigenous justice and the court systems of Canada for an audience in Prince Albert.

A mock trial by People’s Law School educated 35 people at the Senator Allen Bird Memorial Centre about the two methods of justice. Their performance April 25 put the exact same case to the test in a traditional court and a restorative justice council.

Marcella Garson from the Prince Albert Grand Council’s Justice Unit said anyone who denies culpability is ineligible for the program as restorative justice is about healing, and part of the healing is acceptance.

“Never at anytime, if they go to trial, does the offender have to take responsibility,” she said. “When you come to the restorative justice program it’s mandatory… they have to take responsibility for their part.”

Garson’s work takes her to the 12 bands which make up the Grand Council including Prince Albert. She said over any given year there are between 500 and 700 cases of restorative justice handled by her department.

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She said clients range in ages from offenders as young as 12 to adults. For those who may have gone through the court system, restorative programming is a change.

“Sometimes they just don’t believe there’s actually anyone there for them,” Garson said. “In the traditional court system, nobody’s really listening to them… where we’re giving them a voice in our program.”

During the play’s second act, family was a part of the mediation discussions where it did not appear to play a role in the court process of act one.

“In speaking with the offender, we talk about what they did, why they did it, but we also have a discussion about what got them to this point,” Garson said. “If there’s some issues they’re dealing with at home or whatever, we try to get the family involved as well.”

If desired, the victims may also chose to be involved in the process and provide input in what kind of restorative action the offender must take. According to Garson, the most punitive measures laid out in restorative cases are community service hours.

Rob McAninch acted as judge in the first trial, and in a mediation role during the justice council. His aim is to educate the public about the justice system as a whole.

“I want them to understand the philosophy, the values and the principals and how it connects to our democracy, because our justice system is a part of our culture of rights and freedoms,” McAninch said.

He said the group has tackled issues like racism, street racing, assualt and bullying in People’s Law School mock trials as a way to educate their audiences on topics of the day.

This particular presentation addressed cyber bullying which led to threats being uttered via email between two high school students. McAninch said the trials aren’t based on specific court cases, but do draw elements from many different trials.

The team of actors who make up the People’s Law School made stops in Whitehorse and Saskatoon before journeying north to P.A.

McAninch said there will be performances at Queen Mary’s and St. Michaels schools on April 26, followed by a stop at the Senator Myles Venne Memorial School, where students from La Ronge and Air Ronge will have an opportunity see the group.

Rick Sanderson, the director of the PAGC Unit said he wishes he had more restorative programming options when he was involved in law enforcement 30 years ago.

He said restorative justice brings not only closure but it also avoids wasting the court’s time on small matters. It also works to prevent potentially awkward public encounters between victims and offenders.

“I look at restorative justice as restoring communities,” Sanderson said. “If you and I can work [an issue] out, and sitting down at a mediation, then it’s said and done.”

Bryan.Eneas@jpbg.ca

On Twitter: @BryanEneas