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CM . . . .
Volume V Number 20 . . . . June 4, 1999
Circles examines the use of sentencing circles - an alternative
approach to justice - as undertaken in aboriginal communities of the
Yukon Territory. In traditional court procedures, the accused is brought
before a judge, possibly a jury, and legal counsel seeks to establish
guilt or innocence and the appropriate remedy. More recently, the victim
or the victim's family has been allowed to offer "victim impact
statements", describing the ways in which the crime has affected the
individual and his or her relatives. Traditional courts maintain distance
and hierarchy. In a sentencing circle, the offender, his or her victims,
the victim's family, peers, elders and other community members sit down
together in a circle and work together to understand what has led to the
crime and to negotiate appropriate redress. Rather than being purely
punitive, the circle promotes healing. Instead of removing the offender
from the community and isolating him or her, the circle affirms the
essential goodness of the offender, attempting to restore and re-build the
offender, the victim, and the community to which they all belong.
The film describes the heritage of the Canadian judicial system within
northern aboriginal communities and offers some reasons as to why it has
been largely ineffective. Interviews with offenders, members of sentencing
circles, and the judiciary provide a variety of perspectives and insights
into the circle process. Judge Barry Stuart of the Yukon Territorial Court
stresses that sentencing circles are not an "easy out", a sentiment echoed
by offenders who have undergone both types of judicial process. And,
although redress and healing are the expected outcomes, the process can be
painful for both offender and victim (or the victim's family). As well,
the offender frequently has to undergo some type of theraupeutic work -
counseling, community service, or substance addiction treatment. The goal
is restoring the offender to the community, for the "harm of one is the
harm of all. The harmony and joy of one is the harmony and joy of all." At
times, Circles is difficult to watch for the sense of loss
experienced by some members of these communities is profound. However, it
makes a powerful statement and has application in secondary classes on
Canadian History, Aboriginal Studies, and Canadian Law.
Recommended.
Joanne Peters is the teacher-librarian at Kelvin High School in Winnipeg, MB.
To comment on this title or this review, send mail to cm@umanitoba.ca.
Copyright © the Manitoba Library Association.
Reproduction for personal use is permitted only if this copyright notice
is maintained. Any other reproduction is prohibited without
permission.
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TABLE OF CONTENTS FOR THIS ISSUE - JUNE 4,
1999.
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