Wolastoqey Restorative Justice Program
Restorative Justice Program
The Wolastoqey Restorative Justice (“WRJ”) Program is first and foremost about healing—healing Wolastoqey individuals, our communities and our Nation. Instead of focusing solely on punishment, the focus of restorative justice is on repairing harm while at the same time ensuring accountability.The emphasis is not merely on individual responsibility, but collective responsibility.The program complements and runs parallel with the criminal justice system, implementing a holistic, culturally grounded and trauma-informed approach. It seeks to identify the causes, circumstances, and impacts of the offence while addressing the needs of the accused and the community with the ultimate goal of creating safer, stronger and healthier Wolastoqey communities.
- Increase Wolastoqey ownership and contribution to the criminal justice system
- Increase community awareness about the underlying cause of crime and conflict
- Provide accessible and culturally responsive sentencing and healing circles
- Respond to the needs of communities and individuals affected by conflict or crime
- Increase access to justice and create a more equitable justice system to decrease
the overrepresentation of the - Wolastoqey in the criminal justice system.
- Maintain healthy, safe and strong Wolastoqey communities
Primary Objectives
Operation of the program
The program operates through healing circles–non-judgmental spaces where the goal is not to determine innocence or guilt, but to allow the accused to develop self-awareness of their behaviour, understand how it impacts others, and find culturally appropriate mechanisms of accountability. These circles are categorized into three different parameters: Pre-Charge, Post-Charge and Sentencing.
Healing Circles Parameters
A non-judgmental space where the goal is not to determine innocence or guilt, but to allow the accused to develop self-awareness of their behaviour, understand how it impacts others, and find culturally appropriate ways to hold themselves accountable for their actions. Victim participation is encouraged but not required.
A non-judgmental space operating on a post-charge status, where the goal is not to determine innocence or guilt, but to allow the accused to develop self-awareness of their behaviour, understand how it impacts others, and find culturally appropriate ways to hold them accountable for their actions. Victim participation is encouraged but not required.
Operating as a safe space, it is an alternative to formal sentencing that is inclusive of the needs of the community and seeks to understand the underlying circumstances leading to crime. Ultimately, it develops a sentencing plan that engages the support and commitment of all participants (victim participation is required), reflecting the efforts of the community.
Am I eligible?
For an eligible case to be referred for the Healing Circle, the accused must be:
- An adult (18+ years) or a youth (12-17 years)
- Be a member of one of the six Wolastoqey communities in New Brunswick. Status not strictly required but must have ancestral connection and be accepted by the Wolastoqey community, confirmed by a letter from the chief or band of the Wolastoqey community.
- Resident in the province of New Brunswick
- Alleged to have committed an offence(s) in New Brunswick eligible for diversion instead of judicial proceedings
- Not be remanded
- (Pre-Sentence only) Found guilty of offence(s) in New Brunswick and awaiting sentencing may be eligible for referral to WRJ after judge consideration and review.
Referral Criteria table
| Pre-charge | Post-charge | Sentencing | |
|---|---|---|---|
| Wolastoqey member* | ✔️ | ✔️ | ✔️ |
| Youth (12-17)/Adult 18+ | ✔️ | ✔️ | ✔️ |
| NB Resident | ✔️ | ✔️ | ✔️ |
| Not be remanded | ✔️ | ✔️ | |
| There must be enough evidence, following an investigation , to lay a charge. | ✔️ | ||
| Alleged to have committed an offence(s) in NB eligible for diversion | ✔️ | ✔️ | |
| The accused after given the opportunity of obtaining legal advice must admit/accept responsibility for the act or omission that forms the basis of the offence(s) | ✔️ | ✔️ | |
| The accused must freely consent to participate in the Healing Circle | ✔️ | ✔️ | ✔️ |
| The offender must have been found guilty of or plead guilty to offence(s) in court and awaiting sentencing. | ✔️ | ||
| The crown has the responsibility to assess the case and decide if the case will be diverted to WRJ for disposition. * | ✔️ | ||
| The Judge may take into consideration a number of factors, when determining if a Sentencing circle is appropriate. ** | ✔️ | ||
| The individual must acknowledge that if he lacks attendance to the sentencing circle, file will be returned to the judge to be sentenced in court. | ✔️ |
* For the purpose of eligibility for the program, member means member of a Wolastoqey Community who:
- Is registered, or entitled to be registered , under the Indian Act;
- Is recognised under a Wolastoqey Community identity law; or
- Has an ancestral connection to a Wolastoqey Community and is accepted by the Wolastoqey Community, as confirmed by a letter from the chief or Band of the Wolastoqey Community.
* For clarity, the decision by the Crown to refer a matter to a restorative justice program is guided by Policy 9 of the Public Prosecution Services Operational Manual.
** Factors to consider by a judge include but are not limited to the following: the type of offence(s); the surrounding circumstances of the offender; the nature of the offence(s); the community; the safety needs of the victim(s); the systemic and background circumstances of the offender.