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Serving the Nishnawbe Aski
Nation Territory Since 1990.

Eligibility & Criteria

  

Questions to Ask When Considering Restorative Justice

  • Has someone been harmed?
  • Is there a need to repair the harm?
  • Has the offender admitted responsibility?
  • Could a Circle cause further harm?
  • Does the victim want this process?

Participation by all parties (victim, offender, etc.) must be voluntary. A forum should be made available when an offender makes an admission and agrees to participate.

 

Types of Cases Covered

Restorative Justice Circles are being used for civil matters, child custody cases, neighborhood disturbances (e.g. barking dogs, loud music), workplace disputes and harassment. In schools, Circles are being used for serious discipline problems like bullying, truancy and harassment.

For criminal matters, Circles are most commonly used as a pre-charge diversion - at the investigating officer’s discretion.

For post-charge diversions, the Crown Attorney will carefully consider all of the circumstances of the particular charge before deciding whether the offence may be referred to the Restorative Justice Program.

Pre-Charge:

  • Theft
  • Assault
  • Break and Enter
  • Breaches
  • Bullying
  • Uttering Threats

 

Post Charge:

Less than $5000.00

  • Theft Under, S.334(b);
  • Take Motor Vehicle Without Consent, S.335 (1);
  • Break & Enter, S.348;
  • Assault, S. 266;
  • Domestic Assault
  • Mischief Under, S. 430 (4); and
  • Cause Disturbance, S. 175

It is important not to have strict policies on which cases can be referred to Restorative Justice. Each case and all its circumstances will be reviewed to determine eligibility.