Overview and Guidelines for Sentencing Circles

Native Law Centre • Vol. 3, No. 3 (Fall 1998)
[Sample Article]

Justice as Healing

A Newsletter on Aboriginal Concepts of Justice

Sentencing Circle:
A General Overview and Guidelines

Introduction

The sentencing circle is a method of dealing with members of the community that have broken the law. A sentencing circle is conducted after the individual has been in the present western justice system and found guilty or if the accused has accepted guilt and is willing to assume their responsibility. This sentencing method encourages the offender and the community to accept responsibility and acknowledges the harm they have done to society and the victims.A sentencing circle’s aim is to shift the process of sentencing from punishment to rehabilitation and responsibility. It provides a new alternative for courts to incarceration. The sentencing circle provides an opportunity to start a healing process for both the offender and the victim. The offender is presented with the impact of their actions in front of respected community members, elders, peers, family, the victim and their family, stimulating an opportunity for real change.

When to Hold a Sentencing Circle

The criteria come from a decision from Judge Fafard of the Saskatchewan Provincial Court:

1. The accused must agree to be referred to the sentencing circle.
2. The accused must have deep roots in the community in which the circle is held and from which the participants are drawn.
3. There are elders or respected nonpolitical community leaders willing to participate.
4. The victim is willing to participate and has been subjected to no coercion or pressure in so agreeing.
5. The court should try to determine beforehand, as best it can, if the victim is subject to battered woman’s syndrome. If she is, then she should have counseling and be accompanied by a support team in the circle.
6. Disputed facts have been resolved in advance.
7. The case is one which a court would be willing to take a calculated risk and depart from the usual range of sentencing.

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