» Justice Project

U.C.C.M. Justice Program

The purpose of the U.C.C.M. Justice Program is to divert certain offenders from the formal court based sentencing procedures to community diversion panels created by the participating First Nations. The U.C.C.M. Justice Program started Phase III, Implementation, in late October 1997.

Funding for the Project is provided by the Department of Justice (Canada) and the Ministry of the Attorney General (Ontario). Current staff for the Program include a coordinator, and various community justice workers. The Justice Program is overseen by a Justice Committee comprised of two representatives from each of the participating First Nations.

Who Is Eligible For Diversion ?

The protocol between the Ministry of the Attorney General, Crown Attorney, and U.C.C.M. Justice Program allows for the diversion of first time and repeat offenders. The Ministry of the Attorney General (Aboriginal Issues) has been promoting the diversion of repeat offenders.

What The Justice Project Is Involved In

Pre-Charge Diversion With Police

Instead of charging young offenders and adult offenders, police can refer the individuals to the Justice Program. Diversion is at the discretion of the police. The Justice Program will explain the diversion process to the individual, obtain written consent if the individual agrees to diversion, and check that the community panel is willing to deal with the case. Police officers are encouraged to attend the circle or to provide a written statement of facts for the circle. If the offender does not successfully complete diversion, police may lay the original charges. Following the justice panel circle, the Justice Program will provide a detailed summary of the case to the police officer who referred the offender. Monitoring of the offender’s plan of action (sentence) is the responsibility of the Justice Program.

Post Charge Diversion With The Crown Attorney

A protocol is in effect which governs the procedure for diverting youth/adult offenders form the court system. The Justice Program screens possible candidates several days before the court day and provides a list to the Crown Attorney’s office. On the day of court, the Crown reviews the Briefs and approves or disapproves an individual for diversion. If diversion is in order, the Crown will withdraw the charge(s) at the offender’s next appearance.

Post-charge diversion by the Crown Attorney represents the majority of UCCM Anishnaabe Police Service cases that are referred to diversion, vs. comparison to pre-charge diversion by officers.

What Is A Justice Panel Circle And What Happens at a Circle?

The Justice Program will schedule a justice panel circle in the community where the offender resides. There are pools of panel members in all participating First Nations and the Justice Program arranges for approximately three panel member to sit at the circle; The Justice Program provides panel members with copies of the Crown Brief before the circle is held. The goal of the justice panel is to develop a plan of action (‘sentence’) for the offender at the circle. The panel is guided by principles of traditional Anishnaabe law as identified by the Justice Program: accountability, making amends, and healing.

The Justice Program contacts the offender and offender support person to attend the circle. The Program also contacts the victim and the victim’s preferred victim support person to encourage their participation at the circle. The Justice Program makes every effort to make victims feel comfortable and to encourage their participation.

If the individual does not comply with the community panel’s plan of action, the police can lay the original charge(s).

Participating in pre-charge diversion helps to reduce court time and time consuming tasks associated with the laying of charges. An increasing number of cases are being diverted by the Crown to the Justice Program. In effect, the charges are being withdrawn from the court system sometimes as early as the first appearance by the accused. Police are encouraged to promote the approach of diversion by referring cases directly to the Justice Program, instead of laying the charge(s).

What Charges Are NOT Eligible for Diversion?

There are various classes of charges that are eligible for diversion. For more information on the exact type of charges ineligible for diversion, the Justice Program should be contacted directly, as these are subject to revision.

For more information about the U.C.C.M. Justice Program, please contact Lora or Joe at the U.C.C.M. Tribal Council (705) 377-5307.

UCCM Justice Program