Alternative justice system now covers Mi'kmaq fisheries offences on P.E.I.

In a first for Atlantic Canada, the Mi'kmaqConfederacy of P.E.I.'srestorative justice system is being expanded to cover offencesunder the federal Fisheries Act.

TheConfederacy, LennoxIsland First Nation, AbegweitFirst Nation, Department of Fisheries and Oceans (DFO)and the Public Prosecution Service of Canada (PPSC) held a formal ceremony to sign the agreement on Tuesday. It builds on theMCPEIIndigenous justice program already in place.

There is a similar agreement on the West Coast, but this is the first agreement of its kind in Atlantic Canada.

"This is an important step in building relations with the Department of Fisheries and Oceans by supporting and developing a restorative justice protocol that will seeMi'kmaqpeople rehabilitate through reconciliation with the community," Brian Francis, chief of theAbegweitFirst Nation, said in a news release.

Restorative justiceis an alternative to the traditional court system. It allows Indigenous and other groups to use an approach that personalizes the offence by having victims and offenders mediate a restitution agreement,one that often involves the community. Restorative justice considers crime and wrongdoing to be an offence against an individual or community.

"It was a natural progression to extend the approach of community healing and rehabilitation to offences related to the fishery," saidMatildaRamjattan, chief of theLennoxIslandFirst Nation.

"As with Criminal Code offences, it is important to recognize that this approach does not provide the offender with a free pass; rather it is a comprehensive process aimed at healing and reconciliation."

Step forward for reconciliation

The work began on this protocol in 2002.

"It's all part of reconciliation and a meaningful step forward," Francis said in an interview. "The traditional, western system of justice is adversarial and punitive. You pay your fine and move on. That doesn't work for our people. This way the whole community isinvolved."

This approach does not provide the offender with a free pass.-Chief MatildaRamjattan

Sheri Bernard, the Confederacy's Indigenous justice co-ordinator, said restorative justice was a "powerful process."

"We wouldreceive a request from DFO and would then organize the circle. The circle includes the victim, the offender,community members and elders andDFO," she said.

"The offender has the opportunity to apologize, the victim can ask questions, it starts a dialogue for healing."

The DFOis currently working on the development of a national action plan for restorative justice to become a standard enforcement tool for all regions.

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